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Andhra Pradesh High Court
Judges : A.GANGADHARA RAO
R.Doraswamy Reddy - Appellant
Versus
Board of Wakf A.P.Hyderabad reptd by its Secretary - Respondent
Decided On : 08-16-78
WAKF - SERVICE INAM - WHETHER A SERVICE INAM IS A WAKF WITHIN THE MEANING OF THE WAKF ACT, 1954 - YES - SERVICE INAM IS A WAKF IF IT IS GRANTED FOR A RELIGIOUS OR CHARITABLE PURPOSE AND THE INCOME THEREOF IS TO BE UTILISED FOR SUCH PURPOSE.
Fact of the Case:
The plaintiff purchased land that was notified as wakf property under the Wakf Act, 1954. The plaintiff contended that the land was not wakf property but was part of a personal inam granted to his vendors' ancestors and that he had acquired title to the land by adverse possession. The Wakf Board contended that the land was wakf property and that the sale deed executed by one of the vendors, who was recognized as the Mutavalli of the wakf, was not binding on the Wakf Board.
Finding of the Court:
The court held that the land in question was wakf property and that the notification made by the Wakf Board was valid. The court found that the land was granted to an individual to perform service, but that did not mean that he acquired title to the property. The court also held that the inam in question did not stand abolished in view of the Inam Abolition Act, as that question was not raised before the lower courts.
Issues: 1. Whether a service inam is a wakf within the meaning of the Wakf Act, 1954? 2. Whether the land in question was wakf property? 3. Whether the notification made by the Wakf Board was valid?
Ratio Decidendi: 1. A service inam is a wakf if it is granted for a religious or charitable purpose and the income thereof is to be utilised for such purpose. 2. The land in question was granted to an individual to perform service, but that did not mean that he acquired title to the property. The land was granted for the support of a Makkan where tazias are installed in the month of Moharram and also for providing shelter for travelling Fakirs. These are valid objects for which a wakf could be created. 3. The notification made by the Wakf Board was valid as the land in question satisfied the requirements of a wakf as defined by the Wakf Act, 1954.
Final Decision: The court dismissed the plaintiff's second appeal with costs.
( 1 ) THE substantial question of law lor my consideration in this Second Appeal is whether a service inam is a wakf within the the meaning of the Wakf Act, 1954.
( 2 ) IT arises this way. The plaint schedule property consists of Acs. 2. 87 cents of dry land and 49 cents of wet land situated in kalavagunta village in Chittoor District. The land was purchased by the plaintiff (P. W. 1) under the registered sale deed (Ex. A-1) dated 16-2-1963 from one Ghouse Khan and his son Khader Nawab Khan for rs. 5,000/ -. This land forms part of a larger extent of Acs. 6. 28 cents of land comprised in T. P. No. 824 which was notified as wakf property under the Wakf Act, 1954 by means of the notification (Ex. A-2) dated 28-6-1962 in the Andhra Pradesh Gazette. The plaintiff who had purchased the suit property after the issue of the notification contends that the suit property is not wakf property but forms part of the personal inam granted to the ancestors of his vendors and in any event he had acquired title to the suit property by adverse possession. Hence he filed O. S. 198/1968 for a declaration that the aforesaid notification Ex. A-2 was illegal and void.
( 3 ) ON the other hand it was contended try the Wakf Board that the suit property was endowed for the purpose of celebrating moharram festiv all and for maintaining a resting place for Fakirs and therefore it is Wakf property and it was properly notified under Ex. A-2 and that Ghouse Khan who was one of the vendors under Ex. A-1 had neither authority nor power to alienate the wakf property since he had been recognised as Mutavalli of the said Wakf. Therefore it is contended that the sale deed Ex. A-1 does not bind the Wakf Board and the plaintiff is not entitled for any relief.
( 4 ) THE learned District Munsif held that the suit property was wakf property and the Gazette notification (Ex. A-2) was valid. Therefore he dismissed the suit. In the appeal filed by the plaintiff the District Judge, Chittoor also held that the suit property was Wakf property and the Gazette notification was valid.
( 5 ) IN this appeal filed by the plaintiff, Sri Subrahmanya Reddy, the learned Counsel for the appellant, did not question the finding of the learned Judge that the inam was confirmed as 6 service inam. What he submits is that it is not a Wakf and therefore it is outside the purview of the Wakf Act, 1954. According to him if service is not performed it reverts tothe grantor and it does not vest in the Almighty and therefore it is not a wakf.
( 6 ) EX. A-5 is the certified extract from the Inam Fair Register relating to the suit property. The classfication of the inam is given as khairati . The grant was to be in force as long as the ceremony was performed. The inam seems to have been granted for the support of the Makkan where Peerlu festival was performed once a year and where travelling Fakirs were allowed to halt Though the Deput collector recommended that the grant might be confirmed as persona the Inam Commission actually confirmed the inam as service tenure as the Service was being performed and issued title deed No. 248. This fact is evident from the entries in column 22. Thus it was don- firmed as a service inam. Ex, B-2 is the permanent inam B register. It shows that the land comprised in title deed was Devadayam. Thus these documents show that the inam was granted to one of the ancestors of the vendors under Ex. A-1 by some unknown persons so that the income thereof might be utilised for maintaining a Makkan where tazias are installed in the month of Moharram and also forproviding shelter for travelling Fakirs. In Mulla s Mahommadan law (17th Edition-1972) at page 173 and page 174 the valid objects of a wakf are enumerated. Keeping tazias in the month of Moharram, and payment of money to Fakirs i. e. , the poor, are valid objects for which a wakf could be created. Therefore in this case the suit land constitutes wakf property.
( 7 ) SECTION 3 (1) of the Wakf Act, 1
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