The main legal point established in the judgment is the interpretation of the term 'any person interested therein' in Section 6(1) of the Wakf Act and its application to persons interested in the Wakf, reinforcing the statutory position created by the Wakf Act.

S. P. BHARUCHA, J.

( 1 ) THESE are appeals filed by Karnataka Board of Wakfs against the Judgment and order of the learned Single Judge dated 15th December, 1989 in several connected writpetitions, including Writpetitions Nos. 5141 and 5142 of 1982 filed by the Board.

( 2 ) THIS dispute relates to laud ad-measuring 325 feet by 125 feet in R. S. Nos. 1and 2 and Annipura village, Kasaba Hobli, Bangalore North Taluk. The land was devadaya Inam Land that belonged to the Hazrath Attulla Shah Dhargah. It is the case of second and third respondents to these appeals that a number of alienations of the said land had taken place and it was no longer Inam land. The second respondent bad purchased the said land from one Ghouse Bi under a registered sale deed dated 4th December, 1946 and on 13th September, 1947 a half portion of the said land had been sold by the second respondent to the third respondent for valuable consideration.

( 3 ) ON 28th July, 1947 Sajjada of the Dhargah made a petition under Section 10 of the Mysore Religious and Charitable Institution Act, 1927, to declare that the said land belonged to the Dhargah and the alienations in favour of the second and third respondents were void. He also sought restoration of the said land to the Dhargah. These proceedings continued until the matter was pending in or about the year 1974 before the Special Deputy Commissioner in Muzrai Appeal No. 72/1967-68; that these proceedings had taken so long was due to the fact that there had been several appeals and several orders of remand. By his order dated 23rd August, 1974 the special Deputy Commissioner required the said land to be restored to the second and third respondents. Thereagainst the Dhargah filed an appeal before the commissioner for Religious and Charitable Endowments. By this time the Wakf act, 1954, had come into force in the State of Karnataka (with effect from 15th january, 1955) and the Wakf Board had issued a notification under Section 5 thereof notifying the Wakfs in the State. The notification showed the said land as belonging to the Dhargah. Consequently, the Wakf Board made an application to be impleaded in the appeal aforementioned filed by the dargah before the Commissioner of religious and Charitable Endowments. Upon being impleaded it took the contention that the said land belonged to the Wakf Board and the question of its title should have been referred to a Civil Court having regard to the provisions of Section 6 of the wakf Act. The appeal was dismissed, the Wakf Board being held to have no locus-standi. Appeals thereagainst were filed by the Wakf Board as also by the dhargah before the Karnataka Appellate Tribunal. These were also dismissed.

( 4 ) THEREUPON Writ Petition Nos. 5141 and 5142/1982 were filed by the Wakf Board impugning the order of the Tribunal. The second and third respondents also filed writ petitions impugning the order of the Tribunal to au extent with which we are not here concerned. The learned Single Judge rejected the stand of the Wakf board. He said he could not accept the contention that it had abolished by one stroke the interest of the second and third respondents in the said land.

( 5 ) SECTION 4 of the Wakf Act empowers the State Government to appoint a Commissioner of Wakfs to make a survey of Wakf properties existing in the State on the date of commencement of the Act and to make a report thereon. Under Section 5 (1) the State Government is required, upon receipt of report made by the commissioner, to forward a copy of the scheme to the Wakf Board constituted under the Wakf Act Section 5 (2) states that "the Board shall examine the report forwarded to itunder Section 5 (1) and publish in the Official Gazette a list of Wakfs existing in the State. . . . . containing such particulars as may be prescribed. " The relevant portion of Section 6 reads thus:"disputes regarding Wakfs (1) If any question a rises whether a particular property specified as Wakf property in a list of Wakfs pub

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