IMPORTANT POINT
Institutions, Ashrukhanas, Alams, Asthanas and Imambadas, generally, are Shia Wakfs, but it is not an absolute rule, therefore, whether any particular institution even if it is known by the above names, is prima facie a Shia Wakf or not is a matter upon which it is necessary to lead evidence in relation to each one of the institutions.

JUDGMENT

Delay condoned.

Application for substitution is allowed.

2. This appeal is preferred by the Andhra Pradesh Wakf Board against the judgment of the High Court of Andhra Pradesh in CCC Appeal No. 41 of 1980, dated 15.3.1988. By that judgment, a Division Bench of the High Court of Andhra Pradesh confirmed the declaration granted by the Third Additional Judge, City Civil Court, Secunderabad, in O.S. No. 96 of 1963, on 31st August, 1979. The suit O.S. No. 96 of 1963, in which the declaration was granted by the said Civil Court was decreed in favour of the three plaintiffs, the first plaintiff being the All India Shia Conference (Branch) Andhra Pradesh, the second plaintiff being Syed Hassan Pasha and the third plaintiff, being Askar Nawaz Jung, being the President of All India Shia Conference. In the suit, the State of Andhra Pradesh and the Andhra Pradesh Muslim Wakf Board were impleaded as defendant Nos. 1 and 2. But subsequently, at the instance of the Wakf Board, defendant Nos. 2 to 52 were impleaded as defendants.

3. The suit was filed by the plaintiffs (respondents in this appeal) for a declaration that all the institutions going by the name Panjas, Alams, Ashur Khanna Asthanas and Imambadas are shia Wakfs and that the necessary corrections be directed to be made in the concerned notifications and Registers of Endowments by showing the above said institutions as Shia Wakfs. Lists of endowed property from time to time are published in the Gazette. Such a list was published in the Gazette on 28.6.1962. It was averred that while preparing the said list, the Commissioner of Endowments had described some of the above said Shia Wakfs as Sunni Wakfs. It is the case of the plaintiffs that all Panjas, Alams, Ashthanas, Ashurkhanas and Imambadas were wrongly classified as Sunni Wakf instead of Shia Wakf in the list published by the Andhra Pradesh Wakf Board. They cannot be Shia in origin inasmuch as they are connected with Muhurrum celebrations and pertain exclusively to shia faith. It is pleaded that the Sunni section of the Muslims does not use these institutions nor are they interested in the same. The Alams, Panjas, Ashthanas, Ashrukhanas and Imambadas have some of the important features of Shia Sect distinguishing them from the Sunni Wakfs. The Notifications also referred to celebrations on Muhurrum, which is a function exclusively connected with the Shias. The suit was preceded by a notice under Section 56 of the Muslim Wakfs Act. It is stated that the defendants are likely to repeat mistakes in future Notifications and that the plaintiffs are interested in having rectification made in the Notifications and the Register of Wakfs be modified by showing the above said institutions as Shia Wakfs and not Sunni Wakfs.

4. A written statement was filed by the Wakf Board denying the plaint allegations and contending that the Notifications showing these institutions as Sunni Wakfs was correct and did not require any modification. It was also contended that Panjas, Alams, Ashrukhanas or Imambadas do not exclusively pertain to Shias nor were they exclusively connected with the Muhrrum festival observed by Muslims. Sunnis also observe Muhrrum in their own way and these institutions were rightly endowed as Sunni Wakfs in the Gazette Notifications dated 19.4.1962 and 28.6.1962.

5. In the suit, the learned Government Pleader appeared for the State and another counsel represented the 2nd defendant, the Muslim Wakf Board. The mutawallies representing defendant Nos. 3 to 52 remained exparte, except defendant Nos. 36 and 41. Therefore, only defendant Nos. 36 and 41 were represented by counsel and therefore the rest of the defendants were set exparte.

6. Defendant No. 36 in his written statement stated that the defendant had filed a suit as O.S. No. 218 of 1963 on the file of the District Magistrate s Court, Tenali for a declaration that the properties were absolute properties of defendant No. 36 and that the suit was decreed on 24.12.1964. T