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Andhra Pradesh High Court
Judges : P.S.NARAYANA
A.P.STATE WAKF BOARD - Appellant
Versus
MOHEMMED SHAFI - Respondent
Decided On : 08/02/2006
CIVIL REVISION PETITION 6064 Of 2005
Civil Procedure Code, 1908 –Section 151 – Implead – Order 1 Rule 10 r/w Section 151 C. P. C. requesting the Court to implead Andhra Pradesh State Wakf Board – Recorded certain reasons and ultimately dismissed the application – Civil Revision – Petition is preferred learned counsel representing the petitioner, would contend that the subject matter of the litigation is wakf property and an encroacher had jet out the property and the parties are fighting the litigation and unless the Andhra Pradesh state Wakf Board is permitted to come on record, the Wakf Board may not be able to put forth its contentions before the appellate authority learned counsel also placed strong reliance on learned counsel representing the 2nd respondent, would contend that a similar application was filed and the same was dismissed and again this application is being moved before the appellate authority counsel also would maintain that even otherwise the question of title cannot be gone into in these proceedings, at any rate, the Wakf Boad is entitled to institute a regular civil suit on the question of title no disturbance at the hands of this court –Held, learned Judge recorded reasons in detail and came to the conclusion that the title to the property cannot be decided by the authorities under the Act and the remedy of the third party, who is claiming right title over the property, would be elsewhere. Reliance was placed on MD. AHEMD ALIs case (1 supra), wherein it was held that Wakf Alastu Talimi Trust was created in 1934 and the trust deed was registered with Government was also notified as wakf by virtue of Gazette Notification in when once the wakf is registered and entered in the register of Wakf, it need not be entered again under the provisions of subsequent Acts. When all the wakfs are exempted from the provisions of the Rent Control Act, the civil suit filed by the trust for evicting the tenants is maintainable. Reliance was also placed on nageswara wherein it was held that in Rent Control proceedings for eviction of tenant by landlord, third party raising disputed question of title is not entitled to get impleaded and can seek relief in a regular civil sujt on the question of title – Civil Revision dismissed
( 1 ) HEARD both the counsel.
( 2 ) AGGRIEVED by the order made in I. A. No. 370 of 2005 in r. A. No. 278 of 2002 on the file of the Additional Chief Judge, City small Causes Court, Hyderabad, dated 30-09-2005, the Andhra pradesh State Wakf Board, represented by its Chief Executive officer, Nampally, Hyderabad, had preferred this Civil Revision petition.
( 3 ) THE revision petitioner as third party petitioner filed the aforesaid application under Order 1 Rule 10 r/w Section 151 C. P. C. requesting the Court to implead And,hra Pradesh State Wakf Board as respondent No. 2 in R. A. No. 278 of 2002. The learned Judge recorded certain reasons and ultimately dismissed the application. Aggrieved by the same, the present Civil Revision Petition is preferred.
( 4 ) SRI S. M. Subhani, the learned counsel representing the petitioner, would contend that the subject matter of the litigation is wakf property and an encroacher had jet out the property and the parties are fighting the litigation and unless the Andhra Pradesh state Wakf Board is permitted to come on record, the Wakf Board may not be able to put forth its contentions before the appellate authority. The learned counsel also placed strong reliance on md. AHEMD ALI v. ALASTU TALIMI TRUST, HYDERABAD 2004 (1) ALD 99.
( 5 ) ON the contrary, Sri M. A. Basith, the learned counsel representing the 2nd respondent, would contend that a similar application, I. A. No. 895 of 2000 in RC. No. 174 of 1997 was filed and the same was dismissed and again, this application is being moved before the appellate authority. The counsel also would maintain that even otherwise the question of title cannot be gone into in these proceedings, at any rate, the Wakf Boad is entitled to institute a regular civil suit on the question of title. The learned counsel also would maintain that a suit in fact already had been instituted in relation thereto and hence, in any view of the matter, the impugned order needs no disturbance at the hands of this court.
( 6 ) THE revision petitioner as third party petitioner filed I. A. No. 370 of 2005 in R. A. No. 278 of 2002 on the file of the Additional Chief jude, City Small Causes Court, Hyderabad to be impleaded as a party on the ground that the petitioner is a necessary party. It is stated that the institution of Dargah Hazrath Shah Nooruddin Abdul faiz along with Mosque, mulgies, samakhana etc. , were registered and notified as Wakf properties bearing Municipal Nos. 20-7-329 to 20-7-338, 20-7-668 and 20-7-669, situated at Fateh Darwaza, hyderabad and the said institution is a registered wakf by virtue of muntakab in file No. 340/2, Segha Aukhaf of 1350 Fasli, dated 1st amardad 1350 Fasli. It is also stated that the said property was surveyed by the Wakf Commissioner, Government of Andhra pradesh and issued report dated 19-09-1962 and it was published in andhra Pradesh Gazette No. 6-A, dated 9-2-1989 and there were some printing mistakes with regard to door numbers of the properties and as such, an errata was published in the Andhra pradesh Gazette No. 46, dated 14-11-2002. Thus, it is stated that the schedule property belongs to Wakf Board and none other else has any right over the said property. It is also stated that the last mutawalli was the father Mohd. Moizuddin Siddiqui and after his death, Mohd. Moizuddin filed O. S. No. 5305 of 1995 on the file of the x Junior Civil Judge, City Civil Court, Hyderabad to replace him as mutawalli after the death of his father and on contest, the same was dismissed. Aggrieved by the same, the said Mohd. Moizuddin filed an appeal in A. S. No. 53 of 2002, which is pending on the file of the additional Chief Judge, City Civil Court, Hyderabad. Till today, the petitioner had not appointed anybody as Mutawalli and the institution together with attached properties are under the direct management of the Wakf Board. It is also stated that the 2nd respondent allegedly purchased the mulgies bearing Nos. 20-7-329 to
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