Decree which is passed ex parte is as good and effective as a decree passed after contest.

1. As the issues in all these Revisions are interconnected, they are being disposed of by this common order.

The facts leading to the filing of these Revisions are as under:

2. There is an extent of Acs.2.21 gts in Sy.No.356 of Choutuppal Village and Mandal, Nalgonda District. There is a Dargah by name Dargah Hazrath Syed Abbas (for short ‘the Dargah’) situated at Lakkaram Village, Ramannapet Taluk, Nalgonda District. The Muthawallis of the said Dargah were Lal Mohammed and Mohammed Imam. Khaja Moinuddin is the brother of Lal Mohammed.

3. Jahangeer Bee is the wife of Lal Mohammed and his sons are Mohammed Sadiq, Mohammed Thahar and Mohammed Saleem. One Zaheda Begum is the niece of Lal Mohammed.

4. Khaja Moinuddin’s wife is Sabera Bee and his children are Mohammed Baba, Mohammed Sarwar, Hussain Bee, Shanna Begum, Ghousia Begum and Aasiya Begum.

5. An extent of Acs.1.00 in Sy.No.356 of Choutuppal Village and Mandal, Nalgonda District was sold by the wife and children of Khaja Moinuddin to Syed Ameen and Syed Rasool under a registered sale deed dt.03.06.1994.

6. Lal Mohammed gifted Ac.1.00 in Sy.No.356 of Choutuppal Village and Mandal, Nalgonda District to his niece Zaheda Begum under a registered Gift Deed dt.16.10.1984.

O.S.NO.43/1987

7. Zaheda Begum filed OS.No.43 of 1987 against Lal Mohammed, Andhra Pradesh Wakf Board (for short, ‘the Wakf Board’) and three others on the file of the Sub-Ordinate Judge, Bhongir for declaration of her title and for a perpetual injunction restraining the defendants therein from interfering with her peaceful possession and enjoyment of the extent of Ac.1.00 of land in Sy.No.356 which had been gifted to her under the registered Gift Deed dt.16.10.1984 by Lal Mohammed. She alleged that this property was gifted to her by Lal Mohammed (who was 4th defendant in that suit); that she was put in possession and enjoyment of the same by him; that she got a lay-out sanctioned vide letter JO.61/85 dt.11.10.1985 by the Panchayati Samithi, Choutuppal and prepared thirty-five plots out of the gifted land; that Lal Mohammed was asserting that he is the owner of extent of Acs.2.21 gts in Sy.No.356 even after gifting Ac.1.00 gts therein to her and was trying to encroach over the land gifted to her by him; that defendant Nos.1 to 3 therein also were trying to dispossess her stating that the gifted property is only a grave yard; that all the defendants including the Wakf Board were trying to dispossess her from the said property and on 04.10.1987 they attempted to dispossess her by denying her ownership of this land.

8. The defendant Nos.1 to 3 therein filed a written statement denying the said gift by Lal Mohammed to Zaheda Begum and contended that the land gifted to her is not patta land but was Inam land attached to the above Dargah and was a grave yard exclusively used by people of Muslim community and under the control of the Wakf Board.

9. Lal Mohammed/D-4 therein remained ex parte and did not file any written statement.

10. The Wakf Board (D-5 in the suit O.S.No.43/1987 ) engaged a counsel Sri K. Ravinder Reddy and filed a written statement contending that the land in Sy.No.356 relates to the Wakf Board and was endowed by the Government to the Dargah for its upkeep and maintenance and not in favour of Muthawallis of the Dargah; that there is no question of Gift of this Wakf land to any individual without permission or consent of the Wakf Board in view of the provisions of the Wakf Act, 1954; that the Gift Deed in favour of Zaheda Begum by Lal Mohammed is valid and he had no authority to execute it; Zaheda Begum had no possession or title over the land; and Lal Mohammed or his legal heirs were never appointed as Muthawallis of the said Dargah.

11. The Sub-Ordinate Judge framed the following issues:

“1. Whether the plaintiff is the owner and possessor of the suit land by virtue of the registered Gift deed dated 16-10-1984 executed by defendant No.4 ?

2. Whether the plaintiff is entitled to be de