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1992 Supreme(Kar) 18

KARNATAKA BOARD OF WAKFS – Appellant
Versus
HAZRATH ATTULLA SHAH DHARGAH, BANGALORE – Respondent


Advocates:
D.L.N.RAO, R.C.Castelino

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
















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