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1989 Supreme(AP) 489

V.BHASKARA RAO
Jumma Mosque Committee, Chittoor – Appellant
Versus
A. V. Abdul Sammad – Respondent


V. BHASKARA RAO, J.

( 1 ) PLAINTIFF is the appellant herein. The suit for recovery of rents, damages and for delivery of possession of the plaint schedule property, viz , shop of Jumma Mosque, Chittoor, was decreed by the trial Court. However on appeal the suit was dismissed by holding that the Civil Court has no jurisdiction to entertain the suit. Hence this appeal.

( 2 ) THE only question, thus, this second appeal gives rise to, is one relating to jurisdiction of the Civil Court. The prime and only contention of the learned counsel for the respondent-defendant is that the suit property is not a wakf property registered under the Wakf Act so as to exempt from the governance of the A. P. Buildings (lease, Rent and Eviction) Control act and consequently the suit is not maintainable before a Civil Court.

( 3 ) IT is pertinent to notice that in the written statement originally filed by the defendant there is a categorical and specific admission that the property in question is the wakf property, the owner of it is no other than the Jamia (Jumma) Mosque, Chittoor. It is further conceded that all the wakfs created before or after the Wakf Act 29 of 1954 are governed by the said Act a


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