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JUDGMENT 1998 (1) SCR 398 The Judgment of the Court was delivered by V. N. KHARE, J. This appeal is directed against the judgement of the High Court of Andhra Pradesh dated 6.8.84 passed in Appeal No. 89 of 1976 whereby the High Court allowed the appeal and decreed the original suit filed by the first respondent herein.

The facts leading to the filing of the civil appeal are these :

The first respondent herein is the Andhra Pradesh Wakf Board thereinafter referred to as the "Wakf Board" constituted under the wakf Act (hereinafter referred to as the "Wakf Act"). The Wakf board is entrusted with the duty of administering and supervising all wakfs within the State of Andhra Pradesh, whether created before or after the commencement of the Wakf Act. One of such wakfs is by the name "Syed Ali Ishaq Madina Vali Dargah" having about Ac. 358-53 cts. land in Devada Mokhasa village covered by title Deed No. 42. It was alleged by the Wakf Board that the aforesaid property was endowed by the Nizam of Hyderabad for support and the services of the Dargah in the port area of district Visakhapatnam. It was further alleged that, from the property the income was being utilized for the maintenance and performance of services of the said Dargah from time immemorial and after constitution of the Wakf Board, the first respondent herein, notified the said property as Wakf property in the Andhra Pradesh Gazette dated 30.11.1961. It was also alleged that the Mutawallis managing said the property without any kind of right, executed long term leases in favour of other defendants, who on their turn, executed long term sub-leases. Since the Mutawallis have no right or authority to execute long term leases, the Wakf Board on 8.8.1967 filed the suit in the Court of Subordinate Judge, Visakhapatnam for cancellation of various leases of sub-leases in respect of the property and for recovering the possession thereof. The case of Wakf Board was that long term leases being illegal, do not bind the Dargah as the property is a Wakf property. The suit was contested by the sub-lessees and the defence taken by them was. that the grant was not in favour of Dargah and the property was not a Wakf property and, in fact, the grant was in favour of named individuals burdened with the service. The learned Subordinate Judge by judgement dated 14.2.75 dismissed the suit holding that the inam was in favour of the named individuals and the property did not belong to the Dargah and that the Wakf Board is estopped from contending that the property in dispute is part of Wakf property in view of the judgment of the High Court in Writ Petition No. 1726 of 1968, In this context it may be mentioned here that, before filing the suit, the Tahsildar made a suo motu enquiry under section 3 of the Andhra Pradesh (A.A.) Inams (Abolition and Conversion into Ryotwari) Act, 1956 thereinafter referred to as the "Inam Act") for the purposes of grant of pattas on three points, viz., firstly, whether the property in dispute is an inam land; secondly, whether such inam land is in a ryotwary, zamindari or inam village and, thirdly, whether such inam land is held by any institution. The Tahsildar by his order dated 17.1.67 held that the land specified below is an inam land; that the land is in the inam village of Devada Mokhasa of Visakhapatnam Taluk in Visakhapatnam District: and that the land is not held by an institution.

T.D. No, S. No. Classification Extent Remarks 42 1 to 211 Devada Mokhasa Wet and Dry Ac, Cts.309l,,.:4 It may be mentioned here that the Tahshildar by his subsequent order dated 2.6.77 held the following land is an inam land and is in village Devada Mohkhasa of Viaskhapatnam Taluk and is not held by any institution.

ID No. S.No. Classification Extent Remarks .42 2 12 to 2 16 Devada Mokhasa Ac.35 Against the order of the Tahsildar an appeal was preferred before the Revenue Divisional Officer Visakhapatnam which was dismissed on 21,8.67. Subsequently, the orders of Tahsildar and the Revenue Divisional Officer were challenged before the High Court of Andhra Pradesh by means of a petition under Article 226 of the Constitution but the same was dismissed by order and judgment dated 22.4.1970. To complete the chain of events the Wakf Board after dismissal of its suit preferred first appeal before the High Court of Andhra Pradesh which was allowed and the Wakf Board's suit was decreed.

(6) That the grant be resumable, if the terms of the compromise are not fulfilled."

A glance of the terms of the compromise would show that the compromise decree obligated the Mokhasadars to spend a portion of income not less than :RS. .1125 for performing Muharrum. monthly festivals and general: upkeep of Dargah and Rs. 75 on annual repair and lighting in Dargah which were to be done to the satisfaction of the Collector of Visakhapatnam. Further, a sum of Rs. 120 was .required to be spent by Mokhasadars on distribution of (Khyrat) charity amongst the travelling Fakirs and if the whole amount is not spent. the remainder was to be spent on suitable charity among Mohammedans of Visakhapatnam with the approval of the Collector Clause 3

Ex. B.3 shows that ah enquiry was conducted wherein it was found that the inam which was classified as Devadayam was granted for the support of Dargah of Visakhapatnam and was free of tax. The enquiry further revealed that the services were being performed by the legal representatives of three ancestors whose names were noted and appear under the words Dargah as Ansar Saheb, Madina Saheb and Mohammed Saheb. The inam was confirmed and title deed No. 42 was issued. Further, Column 8 of the Inam Fair Register indicates that the inam was granted for support of Dargah, Visakhapatnam. Column 10 shows that the grant was to continue so long as the service is performed. These entries in the Inam Fair Register establish the ingredients of Wakfs as defined under Section 3(1) of the Act. For the purposes of that definition, it is not necessary that dedication should be in favour of Dargah. It is sufficient, if the dedication is made for the purpose recognized by the Musilm law as pious, religious or charitable; Thus, we are of opinion that grants by way of service inams for the purposes recognized by the Muslim law as pious, religious or charitable would clothe the property with the character of "Wakf" We, therefore,, find that the view taken by the High Court that disputed, property is Wakf as. defined in Section 3(1 )of the. Wakf Act is correct in law. and the same does not suffer from any legal infirmity.