MR. SYED JALAL S/O. MR. SYED ALI, AGE : 55 YEARS, OCCU: BUSINESS, R/O. H.NO. 10.1.39, GANTA PALAN, ONGOL PRAKASHAM DISTRICT, A.P. Vs. MR. MADROOM SRI RAM CHABDRA MURTHY, S/O. MR. SUNDAR RAMYA, AGED: 45 YEARS, OCCU : BUSINESS, R/O. H.NO. 25.1.44, KALAWANTH NAGAR, NELLORE DISTRICT, ANDHRA PRADESH AND FIVE OTHERS

JUDGEMENT

(1.) This revision petition, under sub-Section 9 of Sec. 83 of the Wakf Act, 1995 (for short, 'the Act'), is filed challenging the Order dated 08.03.2016 in I.A. No.458 of 2015 in O.S. No.59 of 2013 passed by the Andhra Pradesh State Wakf Tribunal at Hyderabad, (for short, 'the Tribunal'), whereby the application filed under Rule 11ORDER7 of the Code of Civil Procedure, 1908 (for short, 'CPC') read with Sec. 87 of the Act was allowed rejecting the plaint filed before it on the ground that the plaint does not disclose cause of action for the suit.

(2.) The parties hereinafter be referred to as arrayed in the suit before the Tribunal, for convenience of reference.

(3.) The defendants 1 to 5 filed a petition in I.A. No.458 of 2015 before the Tribunal under Rule 11ORDER7 of Civil P.C. read with Sec. 87 of the Act alleging that the plaintiff filed suit in O.S. No.59 of 2013 for cancellation of sale deed dated 12.01.2013 conveying the property in Sy.No.113 admeasuring Ac.4.72 cents situated at Pernamitta Village, Santhanuthalapadu Mandal, Prakasam District, Andhra Pradesh, without any basis, only to harass them. The said suit is filed as if the property is a wakf property. It is further contended that the plaintiff falsely stated that the land in Sy.Nos.112 and 113 of an extent of Ac.18.88 cents situated in Pernamitta Village was notified in the official gazette dated 28.06.1962 at serial No.966, it was also surveyed by the Commissioner of the Wakf under the provisions of the Act by suppressing the real facts. In the official gazette dated 28.06.1962 published by the State of Andhra Pradesh at Serial Nos.949 and 966, it is made clear that the lands in Sy. No.113 of Pernamita Village, of an extent of Ac.18.88 cents were never been declared as Wakf properties. In fact Serial No.949 in the gazette dated 28.06.1962 pertains to land in Sy. Nos.159,164, 192 and the land mentioned at serial No.969 is situated in Kolachanakota Village in Sy. No.5. Thus, it is evident that the land in Sy. Nos.112 and 113 situated at Pernamitta Village is not covered by the official gazette dated 28.06.1962. Kolachanakota and Pernamitta are different Villages and the distance between the said two villages is about 40 kilometers. The defendants 1 to 5 have purchased the suit property for a valuable consideration from the 6th defendant, who is the absolute owner of the said property, and it is not the wakf property.