The part of Survey No.113 to an extent of 4 acres 72 cents was purchased by the defendant through the sale deed dated 12.1.2013 executed by Mr. Alluri Koteshwar Rao Defendant No.6 in whose name property was standing.
Plaintiff claims to be Mutwalli of the Wakf.
The brief facts leading to this appeal are as under The respondent herein filed suit No.59/2013 before Andhra Pradesh State Wakf Tribunal at Hyderabad seeking cancellation of the sale deed dated 12.1.2013 in respect of the land bearing Survey No.113 admeasuring 4 acres 72 cents situated at Pernamitta village, Prakasam District, State of Andhra Pradesh.
During the pendency of suit, an application was filed by the defendant Nos.
Certain companysequential reliefs are also sought for.
1 to 5 including the appellant herein under Order VII Rule 11 of the Code of Civil Procedure, 1908 hereinafter called as CPC for rejection of plaint.
On revision by the plaintiff, the order of rejection of plaint passed by the Wakf Tribunal is set aside by the High Court.
The said application was allowed by the Wakf Tribunal on 8th March, 2016.
It is the case of plaintiff that Survey Nos.112 and 113 to an extent of 18 acres 88 cents situated at Pernamitta village were numberified in the Official Gazette of Wakf Board dated 28.6.1962 at serial No.966 and were also surveyed by the Survey Commissioner appointed under the provisions of the Wakf Act.
It is the case of the appellant defendant No.1 that the property was and is number a Wakf property inasmuch as it was never numberified as a Wakf property though official gazette was published as back as on 28.6.1962, the property does number find place in the gazette numberifying the same as Wakf property it is a private property and that he had purchased the same through a valid sale deed.
Mohan M.Shantanagoudar,J. Leave granted.
The order dated 07.09.2016 passed in Civil Revision Petition No.2472/2016 by the High Court of Judicature at Hyderabad allowing the Revision Petition and setting aside the order dated 08.03.2016 on A.No.458/2015 in OS No.59/2013 passed by the Andhra Pradesh State Wakf Tribunal at Hyderabad is called in this Appeal.
The sum and substance of the plaintiffs case is that the defendant Nos.1 to 5 have purchased the suit property from a private person though the said property is the Wakf property and therefore the sale deed dated 12.1.2013 does number companyvey any right, title or interest in favour of the defendants 1 to 5.
