- (1.) R. B. Mehrotra, J. This is plaintiffs appeal. The facts necessary for the decision of the appeal are as under: The Sunni Central Board of Waqfs, Lucknow through its Secretary and Waqf Alal Khair through its Manager and Secretary Sri Waris Ali Khan, filed Civil. Suit No. 325 of 1970 against Sri Devi Charan and others for the following relief: (a) The sale-deed executed by Smt. Maqsudan Nisa in favour of defendants No. 3 to 5 for consideration of Rs. 3,000, dated 26th of November, 1964, registered in Register No. 1, Bound No. 877 at serial Nos. 237 and 238 and sale-deed executed by defendants No. 3 to 5 in favour of defendants No. 1 and 2 for consideration of Rs. 4,500, dated 27th October, 1965, registered in Register No. 1 Bound No. 907, at pages 96 and 97 at serial No. 3952, dated 7-12-1965 may be declared cancelled. (b) The plaintiffs may be declared to be entitled to recover the rent of three years from the defendant No. 6 at the rate of Rs. 288. (c) Cost of the suit. The details of the plots in dispute were mentioned at the bottom of the plaint
(2.) THE suit was contested by the defendants No. 1 and 2, who pleaded that the porperty which they had purchased from defendants No. 3 to 5 was not a Waqf property and in any case, they were bona fide purchasers of the property, as such were entitled to the benefit of Section 51 of the Transfer of Property Act. On the pleadings of the parties, issues were framed by the trial Court. Out of the issues framed, only following issues are relevant for the purpose of decision of the present appeal: (1) Whether the sale-deeds are liable to be cancelled on the grounds mentioned in the plaint? (2) Whether the plaintiffs are entitled to recover rent from the defendants. If yes, to what amount? (3) Whether the property in suit is situate in plot No. 2506? (4) Whether the defendants are entitled to the protection of Section 41 of the Transfer of Property Act? (5) Whether the plaintiffs have filed a suit within 12 years from being dispossessed from the property? (6) Whether defendants No. 1 and 2 and their predecessor-in-interest are in possession as owners of the property for more than 12 years? The trial Court decided Issues No. 1 and 3 together and arrived at a finding that since the entries in the Waqf Board Register and had been made bringing the plot in dispute as a Waqf property during the pendency of the suit, the rights of the defendants in regard to the said property are not affected and further held that the plai-ntiffs have failed to prove that the disputed land is situate in plot No. 2506 which is recorded as Waqf property in the Waqf referred to as the Act. On the aforesaid basis, the conclusion drawn by the trial Court that the sale-deeds executed in favour of the defendants No. 1 and 2 and 3 to 5 were not liable to be cancelled.
(3.) ON issues No. 6 and 7, the trial Court held that the defendants had been in possession of the property for more than 12 years and the property is not a Waqf property. On issue No. 5, the trial Court held that the defendants No. 1 and 2 were bona fide purchasers of the property and were entitled to the protection of Section 41 of the Transfer of Property Act.;