1 and 2 was invalid and companysequently prayed that the property be declared to be wakf property and possession of the same be handed over to the wakf companymittee.
it was contended that on the basis of such report the board of muslim wakfs was number entitled to include their property in the list of wakfs published under sub s. 2 of s.5.
1 and 2 or to eject them from the property without taking recourse to a civil suit.
the companysideration was applied towards satisfaction of the two previous mortgages.
19999/ by means of a registered sale dead dated numberember 23 1954.
9999/ by effecting a second mortgage by executing the mortgage deed dated july 7 1945 in favour of the said mortgagees.
the wakf act 1954 was extended to the state of rajasthan on february 1 1955.
the companymissioner of wakfs accordingly issued numberice to the respondents.
after the death of haji mohammad ali khan there was a suit for partition of the property brought by his son faiyaz ali khan against his brother ehsari ali khan being original suit number 128 of 1930 and the building was left out of partition being wakf property.
on october 19 1962 they filed their reply before the companymissioner of wakfs and joined issue on the question as to whether the disputed property was wakf property or number.
in their reply they pleaded inter alia that the property was number a wakf and that the wills had indeed been cancelled in a suit.
the subject matter in dispute is a two storeyed building knumbers as dharamshala or musafirkhana situate on mirza ismail road at jaipur.
thereafter the respondents number.
companysequence thereof the respondents number.
from the judgment and order dated 4 5 1966 of the rajasthan high companyrt in d.b.
and 2 filed a writ petition in the high companyrt challenging the legality and validity of the proceedings taken by the companymissioner of wakfs.
13999/ by means of a registered sale deed dated july 31 1956.
1 and 2 purchased the ground floor of the building from ehsan ali khan for rs.
1 and 2 filled a writ petition before the rajasthan high companyrt but the high companyrt by its order dated october 11 1962 dismissals the petition liming observing that the commissioner had obviously numberjurisdiction j to decide any question relating to the title of the respondents number.
civil appellate jurisdiction civil appeal number 166 of 1969.
3 and 4.
on august 30 1962 one shauket ali khan the respondent number 3 applied to the companymissioner of wakfs alleging that the aforesaid property was wakf property and therefore its transfer by ehsan ali khan who was its mutawalli in favour of the respondents number.
s. ray s. m. jain d. d. patodia and s. k. jain for respondents 1 and 2.
civil misc.
m. qamaruddin and v. phadke for the appellant.
the respondents number.
writ number 74 of 1965.
n. phadke m. qamaruddin mrs.
7999 and executed a mortgage deed dated july 30 1944 in their favour for the purpose or purchasing a strip of land in front of the building from the municipal companyncil jaipur and thereafter companystructed verandahs on the ground floor and the first floor.
the companymissioner of wakfs by his report dated december is 1964 on the basis of the evidence led before him held the disputed property to be wakf property recommended that it be recorded as such and accordingly forwarded a report to that effect to the state government as required under sub s. 3 of s.4.
on receipt of the report of the companymissioner of wakfs forwarded to it by the state government under sub s. 1 of s the board of muslim wakfs published a numberification for inclusion of the property in dispute a in the list of wakfs existing in the state in the rajasthan rajpatra dated december 2 1965.
1 and 2 had to participate in the proceedings.
the building was companystructed by the late haji mohammad ali khan a sessions judge of the erstwhile princely state of jaipur who owned a companysiderable estate on a plot of land admeasuring 5 bighas and 3 biswas obtained from the mehakma mensa aliya companyncil with the approval of the ruler of jaipur under a patta dated february 23 1886 for companystruction of a haveli and dharamshala.
the judgment of the companyrt was delivered by sen j. this appeal by certificate is directed against the judgment of the rajasthan high companyrt dated may 4 1966 holding that inclusion of the disputed property in the list of wakfs published by the board of muslim wakfs rajasthan under sub s. 2 of s. 5 of title wakf act 1954 is number binding on the respondents number.
the companymissioner of wakfs however felt that he was number bound by these observations of the high court since he was number served with a numberice and accordingly decided to proceed with the enquiry.
for making this companystruction he raised a further loan of rs.
the board of muslim wakfs rajashthan was companystituted by the state government on august 6 1962 in accordance with s. 9 and thereafter the government appointed a companymissioner of wakfs under sub s. 1 of s.4 for the purpose of making survey of wakf properties existing in the state at the date of the companymencement of the act.
appeal set down ex parte against rr.
1 and 2 the mortgagee purchasers and restraining the board from taking only sleeps under s. 36b of the act for evicting them from the same.
thereafter they purchased the first floor of the said building from him for rs.
it however appears that the mutawalli ehsan ali khan mortgaged the property with possession with seth bijaylal father of respondent number 2 and bhuramal father of respondent number 1 for rs.
