A property granted for a purpose recognized by Muslim law as pious, religious, or charitable is Wakf property, and its character as Wakf is not affected by a compromise decree construing the grant as a service inam or by the grant of pattas to the Mokhasadars under the Inams Abolition Act.

Headnote:
WAKF - SUBJECT - INAM TITLE DEED - SUMMARY
Fact of the Case:

The suit property was granted as an inam for the support of a dargah. The grant was confirmed and continued as long as the dargah is in existence and Moharrum festival therein rendered. The Government resumed the inam for some time but later restored it to the Mokhasadars following a compromise decree. The Wakf Board filed a suit for cancellation of the leases granted by the Mokhasadars and for recovering possession of the property, claiming it to be Wakf property.
Finding of the Court:

The court held that the property was Wakf property, as it was granted for a purpose recognized by Muslim law as pious, religious, or charitable. The court also held that the compromise decree, which treated the grant as a service inam granted to individuals burdened with service, did not change the character of the property as Wakf. The court further held that the grant of pattas to the Mokhasadars under the Inams Abolition Act did not affect the Wakf character of the property.
Issues: 1. Whether the property was Wakf property? 2. Whether the compromise decree changed the character of the property as Wakf? 3. Whether the grant of pattas to the Mokhasadars under the Inams Abolition Act affected the Wakf character of the property?
Ratio Decidendi: 1. The court held that the property was Wakf property, as it was granted for a purpose recognized by Muslim law as pious, religious, or charitable. The court relied on the entries in the Inam Fair Register, which indicated that the grant was made for the support of a dargah, and on the terms of the compromise decree, which obligated the Mokhasadars to spend annually an amount of not less than Rs. 120 on the distribution of charity amongst travelling Fakirs, and not less than Rs. 1125.00 for performing the Moharrum, monthly festivals, and general upkeep of the Dargah. 2. The court held that the compromise decree did not change the character of the property as Wakf. The court observed that the compromise decree merely construed the Inam as a service inam, and that such service Inams granted for the purposes referred to above come within the description of Wakf after the Amendment Act 34 of 1964. 3. The court held that the grant of pattas to the Mokhasadars under the Inams Abolition Act did not affect the Wakf character of the property. The court observed that once the property is held to be Wakf, it always retains its character as a Wakf and the grant of a patta in favor of the Mokhasadars in possession of the property does not in any manner detract from the earlier dedication made of the property constituting the same as Wakf.
Final Decision: The court allowed the appeal, setting aside the leases granted by the Mutawallis and the various other sub-leases executed, inter se, by defendants 10 to 21 and directed the defendants to deliver possession of the property in favor of the Wakf Board.

( 1 ) THIS is a plaintiffs appeal, the plaintiff being the A. P. Wakf Board, Hyderabad (hereinafter called the Wakf Board. The main dispute which falls for consideration in this appeal is whether the extent f Ac. 2,215-85 cents in S. Nos. 212 to 216 in Devada Village and covered by Inam title deed No. 42 is Wakf property. Claiming the property to be Wakf, the Wakf Board filed the suit O. S. No. 148 of 1967 on the file of the Sub-court, Viskhapatnam, for cancellation of the registered lease dated 24-6-1949 (Ex. A6 is the registration extract of that lease deed) executed by Lutfa Rassol and 11 others in favour of the 10th defendant in the suit for a period of 99 years and for cancellation of the various subsequent leases or sub-leases executed in respect of the property and for recovering possession of the property from the 21 persons impleaded in the suit as defendants. The lessors and the lessee under Ex. A. 6 remained ex parte in the suit. The suit was contested in the trial court only by defendants 14 and 21 in whose favour there were certain sub-leases. According to them the property was the personal property of the lessors and was not Wakf property. The learned Subordinate Judge held the property to be not Wakf and dismissed the suit. In this court, the appeal by the Wakf Board is contested by respondents 22 to 24 who represented the interest of the lessors who as earlier stated, remained ex parte during the trial of the suit.

( 2 ) FOR a proper appreciation of the substantial dispute which arises for determination in this appeal, the following relevant provisions of the Wakf Act, 1954. (hereinafter called The Act) become material S. 2 makes the Act applicable to all Wakf whether created before or after the commencement of the Act. S. 3 (I) defines Wakf as meaning:"the permanent dedication by a person professing Islam of any moveable or immovable property for any purpose recognised by the Muslim law as pious, religious or charitable and includes - (i) a wakf by user; (ii) grants (including mashrut-ul-hidmar) for any purpose recognised by the Muslim law as pious, religious or charitable; and (iii) a wakf alal-aulad to the extent to which the property is dedicated for any purpose recognised by Muslim law as pious, religious or charitable. "

( 3 ) S. 66-C introduced by way of amendment in the year 1964 provides:"notwithstanding anything contained in this Act where any movable or immovable property has been given or donated by any person not professing Islam for the support of a wakf being- (a) a mosque, Idgah, Imambara, Dargah, Khangah or maqbara; (b) a Muslim graveyard; (c) a choultry or a musafarkhana, then such property shall be deemed to be comprised in that wakf and be dealt with in the same manner as the wakf in which it is so comprised. "chapter-II provides for a survey being made of Wakf properties, the publication of the list of wakfs and the manner in which disputes regarding wakfs should be resolved. Chapter-IV provides for the registration of wakfs and the maintenance by the Board of the Register of Wakfs. S. 36-A appearing in Chapter V provides:"notwithstanding anything contained in the Wakf deed, no transfer of any immovable property of a wakf by way of - (i) sale, gift, mortgage or exchange; or (ii) lease for a period exceeding three years in the case of agricultural land, or for a period exceeding one year in the case of non-agricultural land or building, shall be valid without the previous sanction of the Board. "

( 4 ) S. 36-B of the Act provides for the procedure to be followed for recovering summary possession of Wakf property transferred in contravention of S. 36-A.

( 5 ) S. 15 of the Act dealing with the functions of the Wakf Board provides:"the general superintendence of all wakfs in a State shall vest in the Board established for the State; and it shall be the duty of the Board so to exercise its powers under this Act as to ensure that the Wakfs under its superintendence are properly maintained, controll

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1984 Supreme(AP) 276

Andhra Pradesh High CourtJudges : P.RAMACHANDRA RAJU, PUNNAIAHA.P.Wakf Board, Hyderabad - AppellantVersusS.Syed Ali Mulla - RespondentDecided On : 08-06-84

A property granted for a purpose recognized by Muslim law as pious, religious, or charitable is Wakf property, and its character as Wakf is not affected by a compromise decree construing the grant as a service inam or by the grant of pattas to the Mokhasadars under the Inams Abolition Act.

Andhra Pradesh High Court
Judges : P.RAMACHANDRA RAJU, PUNNAIAH
A.P.Wakf Board, Hyderabad - Appellant
Versus
S.Syed Ali Mulla - Respondent
Decided On : 08-06-84