The statutory vesting of land under the Mysore (Personal and Miscellaneous) Inams Abolition Act, 1954 overrides previous WAKF designations, allowing for the validation of tenant rights as established by historical evidence and revenue records.

Headnote:(A) WAKF Act, 1954 - Articles 226 and 227 of Constitution of India - Tenancy and occupancy rights - Petition challenging orders of Land Tribunal regarding occupancy rights conferred on tenant - Land deemed Devadaya service inam under the Mysore (Personal and Miscellaneous) Inams Abolition Act, 1954 - Gazette Notification declaring land as WAKF property held insufficient to override statutory vesting. (Paras 18-36)

(B) Jurisdiction of Land Tribunal - Scope for adjudication of tenancy rights under Inams Abolition Act acknowledged even in wake of WAKF claims - Legal standing of WAKF Board to contest tenancy rights evaluated and found lacking. (Paras 30-36)

Facts of the case:
The petition arises from conflicting claims regarding occupancy rights on land classified as service inam. Claims presented by WAKF Board and tenants, with historical context tracing back to rights of predecessors, including legal actions following earlier rulings.

Findings of Court:
WAKF Board's petition dismissed; occupancy rights conferred on Venkatareddy upheld; eviction orders quashed.

Issues: The court addressed whether occupancy rights can coexist with WAKF designations and the implications of statutory vesting of land under past legislative actions.

Ratio Decidendi: Statutory vesting under Inams Abolition Act precedence over WAKF claims; occupancy rights based on documented tenancy and rent agreements substantiated by revenue records.

Result: Writ petitions allowed/dismissed as detailed.

C.A.V. ORDER

W.P.No.26096/2012 is filed by the State WAKF Board assailing the order of the Land Tribunal dated 31.10.2011.

WP.No.4874/2012 is filed by the legal representatives of original rival applicant/Abdul Wahab challenging the order dated 13.6.2011 of the Land Tribunal in rejecting their impleading application.

WP.No.35473/2015 is filed by the legal representatives of Venkatareddy against the orders passed by the CEO of the WAKF Board dated 4.7.2015 under Section 54 of the WAKF Act, declaring them as encroachers.

WP.No.19739/2017 is filed by legal representatives of Venkatareddy challenging the eviction order dated 4.12.2015 under Section 54 of the WAKF Act passed pursuant to the order dated 4.7.2015 declaring them as encroachers, which is under challenge in W.P.No.35473/2015.

2. The facts leading to the case are as under:

The petitioner/Board asserts that Ja Mia Maszid, Sarjapura, is the registered WAKF institution under the WAKF Act administered and supervised by the petitioner/Board. Petitioner/Board therefore, has filed the captioned petition alleging that the order passed by the Respondent No.1/Land Tribunal conferring occupancy rights on private respondents in respect of a WAKF property is not tenable.

3. The subject-matter of the captioned petition was subjected to an enquiry before the Land Tribunal pursuant to two claims made by one Abdul Wahab and Venkatareddy. Both the persons filed applications seeking occupancy rights under the provisions of the Mysore (Religious and Charitable Inams Abolition)Act, 1955. The Land Tribunal vide order 17.3.1971 conferred occupancy rights to Venkata Reddy, who is the ancestor of petitioners W.P.No.19739/2017.

4. Aggrieved by the order granting occupancy rights to Venkata Reddy, Abdul Wahab filed writ petition in W.P.15473/1993. This Court set aside the order of the Land Tribunal conferring occupancy rights on Venkata Reddy and the matter was remitted back to respondent No.1/Land Tribunal for fresh enquiry.

5. Post remand, respondent No.1/Land Tribunal undertook a fresh enquiry, fresh notices were issued to the rival claimants. After remand, Venkata Reddy led further evidence. While Khazi Abdul Wahab s/o. late Khazi Abdul Khuddus(petitioner in W.P.4874/2012) filed an impleading application and sought leave of the Court to come on record and claimed that he is the great grand son of late Khazi Azeezulla, who is the brother of late Khazi Badruddin to whom the Inam land was granted for khazi service.

6. Land Tribunal after hearing the legal heirs of original Khazi who was rendering service to Ja Mia Maszid and also the tenant namely, Venkata Reddy, and referring to the evidence on record opined that original Khazi Abdul Wahab was receiving Wara (rent) from Venkata Reddy and he was also paying Wara to Khazi Abdul Wahab upto 1968, proceeded to hold that Venkata Reddy was a lawfully inducted tenant. The Tribunal on verification of records found that the petition land is a Khazi Inam Devadaya land and therefore, the Special Deputy Commissioner vide order dated 2.7.2007 has come to the conclusion that Khazi Inams squarely falls within the meaning of Miscellaneous Service Inam under Sub- Section 3 of Section 1 of Mysore (Personal and Miscellaneous) Inams Abolition Act, 1954 and therefore, the matter was remitted to the Land Tribunal for examining the tenancy rights of Venkata Reddy. Referring to the evidence on record, the Land Tribunal was of the view that Venkata Reddy has placed evidence to substantiate his tenancy rights and has also succeeded in establishing the relationship of landlord and tenant. Consequently, occupancy right is granted to Venkata Reddy, while the claim of one K.V. Somashekara Reddy, is rejected as well as the application filed by Abdul Wahab is also rejected.

7. W.P.No.26096/2012 is filed by the State WAKF Board assailing the occupancy rights granted in favour of Venkata Reddy. W.P.No.4874/2012 is filed by Abdul Wahab asserting rights through original Khazi Abdu

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The statutory vesting of land under the Mysore (Personal and Miscellaneous) Inams Abolition Act, 1954 overrides previous WAKF designations, allowing for the validation of tenant rights as established by historical evidence and revenue records.

Cases Referred (1)