Case Note & Summary
The appeal arose from a suit for injunction filed by the plaintiffs, who along with defendant No.1 claimed joint ownership and management of the suit Darga known as ‘Dastagirsa Darga’ in Kanakal village. They alleged that defendant No.2, in collusion with defendant No.3, published a handbill claiming to be Sajjada Nashin and Chairman of a Darga Committee, thereby interfering with the plaintiffs’ management of the Darga. The plaintiffs contended that the Darga was ancestral personal property and not Wakf property. During the suit, defendant No.2 filed a written statement asserting the Darga was Wakf property and that he was in charge. Consequently, the Karnataka Board of Wakfs was impleaded as defendant No.4. The Board claimed that the Darga had been declared a Wakf property under the Wakf Act, a registration certificate had been issued, and defendant No.2 had been appointed Mutwalli. The trial court, after framing issues including whether the suit property was Wakf property, dismissed the suit on 21.01.2002, declaring the property as Wakf property and holding that the plaintiffs and defendant No.1 had no right over it. The plaintiffs appealed. The First Appellate Court, in R.A.No.154/2003, found that the Board had not placed any material on record to show compliance with Sections 4 and 5 of the Wakf Act regarding the declaration of the property as Wakf property. Only a Gazette Notification dated 30.08.1994 and certain correspondences between defendant No.2 and the Board were produced. Concluding that the trial court had erred, the First Appellate Court set aside the trial court’s judgment and decree on 15.07.2005, decreed the suit, and declared that the suit property was under the ownership of the plaintiffs and defendant No.1, restraining interference. Defendants 2 and 3 filed a second appeal (RSA No.2126/2005) before the High Court, which was dismissed on 02.08.2012. The Wakf Board then filed the present Regular Second Appeal (RSA No.2076/2005) against the First Appellate Court’s decree.
Headnote
A) Wakf Law - Declaration of Wakf Property - Sections 4 and 5 of the Wakf Act, 1995 - The First Appellate Court held that the Wakf Board failed to prove due declaration of the suit Darga as Wakf property, as they did not adduce any material under Sections 4 and 5 beyond a Gazette Notification and correspondences, thus the trial court’s dismissal was erroneous (Paras 10-11).
Issue of Consideration
Whether the suit property is a Wakf property or personal ancestral property of the plaintiffs and defendant No.1; whether the Wakf Board had properly declared it as Wakf property under Sections 4 and 5 of the Wakf Act.
Law Points
- Wakf Act
- Section 4
- Section 5
- Wakf property declaration
- burden of proof
- injunction suit
- ownership rights
- Darga management
Case Details
2020 LawText (KAR) (02) 53
Sri Liyaqat Fareed Ustad for appellant; Sri Raja Venkatappa Naik, Sri Arunkumar, Sri Venkatesh Mallabadi for respondents
The Secretary, Karnataka Board of Wakfs, now re-designated as Chief Executive Officer, Karnataka Board of Wakfs
Sayyed Gouspeer (dead, by LRs 1A to 1E), Sayyed Nursidpeer Dadapeer Peerzade, Sayyed Sahebpeer Dadapeer Peerzade, Sayyed Abdul Khadri Dadapeer Peerzade, Sayyedshaha S/o Abdul Hasan Khadri (dead, by LRs 5A to 5C), Sayyedshaha Sultanahmed Khadri Peerzade, Jagadeshrao Bhimarao Kulkarni, Smt. Bipasha W/o Mastan Huseni
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Nature of Litigation
Regular Second Appeal under Section 100 of CPC against the First Appellate Court’s decree which had decreed the plaintiffs’ suit for injunction and declaration that the suit Darga was personal property, not Wakf property.
Remedy Sought
The appellant (defendant No.4 Wakf Board) sought to set aside the judgment and decree of the First Appellate Court and restore the trial court’s dismissal.
Filing Reason
The plaintiffs filed the original suit after defendant No.2 colluded with defendant No.3 and published a handbill claiming to be Sajjada Nashin and Chairman, thereby interfering with the plaintiffs’ management of the suit Darga. During the suit, the Wakf Board intervened claiming the Darga as Wakf property.
Previous Decisions
Trial Court dismissed the suit declaring the property as Wakf property; First Appellate Court allowed the appeal, set aside the trial court’s decision, and decreed the suit in favor of plaintiffs.
Issues
Whether the suit property is a Wakf property belonging to the Board, or ancestral personal property of the plaintiffs and defendant No.1.
Whether the Wakf Board properly declared the property as Wakf property under Sections 4 and 5 of the Wakf Act.
Whether the plaintiffs are entitled to injunction and declaration of ownership.
Submissions/Arguments
Plaintiffs claimed the Darga was joint ancestral family property, not Wakf property, and sought injunction against interference by defendants 2 and 3.
Defendant No.2 contended that the Darga was Wakf property and he was in charge as Sajjada Nashin.
Wakf Board contended that the Darga had been declared as Wakf property under the Wakf Act, a registration certificate was issued, and defendant No.2 was appointed Mutwalli.
Judgment Excerpts
The First Appellate Court was of the view that the Board has not placed any material on record with regard to the declaration of the property as Wakf Property in terms of Sections 4 and 5 of the Wakf Act by producing acceptable material and evidence, except producing the Gazette Notification dated 30.08.1994 and certain correspondences between defendant No.2 and Wakf Board.
The First Appellate Court set aside the judgment and decree of the trial Court … and decreed the suit and declared that the suit schedule property … is under the ownership of the plaintiffs and defendant Nos.1.
Procedural History
Suit O.S. No.50/1990 filed before Civil Judge (Jr. Dn.), Basavan Bagewadi; dismissed on 21.01.2002. Appeal R.A. No.154/2003 before Civil Judge (Sr. Dn.), Basavan Bagewadi; allowed on 15.07.2005. Regular Second Appeal No.2126/2005 by defendants 2 and 3 dismissed on 02.08.2012. Present RSA No.2076/2005 filed by Wakf Board.
Acts & Sections
- Wakf Act, 1995: 4, 5
- Code of Civil Procedure, 1908: 100
