JUDGMENT:

S.B. Sinha, J.

1. Leave granted.

2. Application of the Wakf Act, 1954 and the Rules framed by the State of Andhra Pradesh as regards a suit for specific performance of contract is in question in this appeal which arises out of a judgment and order dated 25.1.2007 passed by a Division Bench of the High Court of Judicature at Andhra Pradesh at Hyderabad in AS No.686 of 2005, 743/05 and 125/06.

3. The property in question indisputably is a wakf property. It admeasures Ac.35.20 cents pertaining to Survey No.63 of village Bhavanipuram in the town of Vijaywada. Vijaywada is one of the biggest commercial hubs in the State of Andhra Pradesh. There exists a Dargah known as Dargah of Hazrat Galib shaheed. Inter alia, on finding that the

Mutwallis appointed for the said Dargah had not been performing their duties in a proper and efficient manner, the Andhra Pradesh Wakf Board appointed respondent Nos.2 to 9 as 'Mujavars' by an order dated 27.7.1973, stating :

"According to the enquiry report first cited, it is noted that the Dargah Hazrata Ghalab Shaheed at Bhavanipuram village, Talaq, Krishna District; is aznotified Wakf in the A.P. Gazette Part II dated 28.6.1962. On page 710 and 711 at Serial No.747. The total extent of land notified in the Gazette is 116 acres 11 cents. The notified Mutavallies are

(1) Sri Abdul Khuddus (2) Sri Abdur Rahman and (3) Sri Abdul Hakeem - Among them the first Mutavalli was residing in Guntur. The second died and the third was seriously laid down with paralysis and not in a position to move out. None of them were performing legitimate duties under Section 36 and rendering services to the said Dargah. Therefore, it was proposed to initiate enquiry under Section 45 and to take action under Section 43 against the two living Mutavallies No.(1) and (3).

As per latest report of the I.A. fifth cited it is noted that the living Mutavallies also died.

Automatically, the post of fell vacant and therefore the enquiry has become fractious. In the circumstances, in view of the Resolution of D.W.C. Krishna third cited and recommendation of the president D.W.C. Krishna sixth cited, I, the Secretary, A.P. Wakf Board in exercise of the Powers conferred on me through Resolution No.14/69 of the Wakf Board vide A.P. Gazette notification Part II dated 24.2.1972 on page 205, under Section 43(2) of Wakf Act, hereby appoint the Managing Committee for management of affairs of the said Dargah consisting of the following persons with immediate effect :-

1. Sri Shaik Ibrahim President

2. Sri Gulam Ali Akbar Secretary

3. Sri Mohd. Ibranhim Treasurer

4. Sri Abdul Jaleel Member

5. Sri Mahd. Haneef Member

6. Sri Abdus Salam Member

7. Sri Abdul Waheed Member"

4. First respondent is a co-operative society. On or about 2.8.1982, the respondent Nos.2 to 9 allegedly entered into an agreement for sale with the first respondent herein agreeing to transfer the said 35 acres 20 cents of land at a price of Rs.70,000/- per acre.

5. Allegedly, a sum of Rs.4,00,000/- in cash was paid as advance, a receipt wherefor is said to have been issued.

6. It is also not in dispute that the authority, if any, on the part of the Mujavars to sell the said lands, were subject to permission granted by the Wakf Board.

7. On or about 25.2.1982, a notification was issued inviting objections within one month from the date of the said notification subject to confirmation by the Government which reads as under :

"M/s. Srinivasa Cooperative Building Society (G.No.2705) Vijayawada, have offered to purchase an extent of Acres 35.20 cents of the land bearing Sy.No.63 situated Bhavanipuram Village Vijayawada Taluk, Krishna District, belonging to Dargah of Galib Shaheed Rs.70,000/- per acre. The full particulars of the land are shown below:-

I) Nature and purpose of the Sale for the Proposed transaction construction of the houses.

II) Amount of consideration

1) a) Price in case of sale Rs.24,64,000/-

b) Rental in case of lease

III) Current Description of Properties :

1) Agric