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1967 Supreme(SC) 4

J.M.SHELAT, K.N.WANCHOO, R.S.BACHAWAT
Syed Yousuf Yar Khan – Appellant
Versus
Syed Mohammed Yar Khan – Respondent


Advocates:
DANIAL LATIF, M.I.KHOVAJA, M.M.KSHATRIYA, R.V.PILLAI

Judgment

BACHAWAT, J. : This appeal arises out of a suit for the recovery of possession of five tiled rooms inside the compound of a dargah at Katalmandi, Hyderabad. The property belongs to Dargah Hazrat Habeeb Ali Shah Saheb. The dargah while in possession of the property was dispossessed by the defendants long ago. Counsel for the plaintiffs conceded before us that the dargah was dispossessed of the property on or about September 20, 1937, when the defendants filed objections in the course of certain proceedings for enrolment of the property as endowed property under the Hyderabad Endowment Regulations. While the Hyderabad Limitation Act II of 1322 F was in force in Hyderabad, there was no limitation for a suit for recovery of a wakf properly. Section 29 (c) of the Act applied to suits relating to wakf. By virtue of S. 29 (c), a suit for recovery of a wakf property was outside the Act. On April 1, 1951, the Part B States (Laws) Act, 1951, came into force and extended the Indian limitation Act 1908 to Hyderabad, and the corresponding law in force in Hyderabad stood repealed. On February 3, 1956, the mutawalli of the dragah and the Board of Muslim Endowments Hyderabad, instituted th










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