- (1.) A suit was filed by the appellants claiming that in the property in question the appellants had been granted privilege to bury the family members of Syed Ameer Hassan Makan and on 9-11-1964 a notification had been issued including the said property in the list of wakfs. A suit was filed in the year 1992. The trial court rejected the plaint under Order 7 Rule 11 of the Civil Procedure Code on the ground that the suit, if at all, should have been filed as contemplated under Section 6 of the Wakfs act within a period of one year from the date of the notification.
(2.) The matter was carried in appeal and, thereafter, in second appeal unsuccessfully.
(3.) In this appeal by Special leave the contention putforth is that the decision in Board of Muslim Wakfs, Rajasthan v. Radha Kishan and Ors. explaining the meaning of the person interested in Wakf and if that expression is understood in that manner the appellants do not become a person interested in the Wakf though they are interested in the property. However, the High Court did not agree with this contention in view of the decision of the division Bench of the High Court in Karnataka board of Wakfs v. Hazrath Attulla Shah dhargahy to the effect that 'any person interested therein' could be understood as a person having right to worship or perform religious rite and all Muslims, so entitled are persons interested.;