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(Reportable)

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.5368/2017

(Arising out of S.L.P. (Civil) No.35352 of 2016)

Madanuri Sri Rama Chandra Murthy ….Appellant

Vs.

Syed Jalal …..Respondent

J U D G M E N T

Mohan M.Shantanagoudar,J.

Leave granted.

2.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 I.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 brief facts leading to this appeal are as under:

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3.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. Certain

consequential reliefs are also sought for. 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 notified 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. 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 sum and substance of the

plaintiff’s 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 not

convey any right, title or interest in favour of the defendants 1 to 5.

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4.It is the case of the appellant/defendant No.1 that the property

was and is not a Wakf property inasmuch as it was never notified

as a Wakf property; though official gazette was published as back

as on 28.6.1962, the property does not find place in the gazette

notifying the same as Wakf property; it is a private property and

that he had purchased the same through a valid sale deed.

5.During the pendency of suit, an application was filed by the

defendant Nos. 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. The said application was allowed by

the Wakf Tribunal on 8

th

March, 2016. On revision by the plaintiff,

the order of rejection of plaint passed by the Wakf Tribunal is set

aside by the High Court.

6.Learned counsel for the appellant taking us through the

impugned judgment of the High Court submitted that this is a fit

case wherein the plaint ought to be rejected at the threshold

inasmuch as the plaint does not disclose any cause of action and

the suit is barred by law. The property in question is not notified

in the Gazette as a Wakf Property at any point of time till this date

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and hence it is not open for the respondent to file this suit on the

presumption that the property in question is a Wakf property.

Since the property is not a Wakf property, the Wakf Tribunal has no

jurisdiction to entertain the suit. That though the notification

issued containing the list of certain Wakf properties was gazetted by

the Wakf Board as early as in the year 1962, the High Court is not

justified in raising doubt in the year 2013 about such notification

which had been remained unchallenged for more than 50 years. It

is not open for the respondent to generate the litigation only to

harass the appellant.

7.Per contra, advocate for the respondent submitted that though

the gazette notification did not contain the property in question as a

Wakf property, the Survey Report disclosed the property in question

as a Wakf property and therefore the defect while publishing the

Gazette notification needs to be rectified. He submitted that the

High Court is justified in passing the impugned judgment after

verifying the records and therefore, it is not a fit case for rejecting of

plaint at the threshold.

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8.The plaint can be rejected under Order VII Rule 11 if

conditions enumerated in the said provision are fulfilled. It is

needless to observe that the power under Order VII Rule 11, CPC

can be exercised by the Court at any stage of the suit. The relevant

facts which need to be looked into for deciding the application are

the averments of the plaint only. If on an entire and meaningful

reading of the plaint, it is found that the suit is manifestly vexatious

and meritless in the sense of not disclosing any right to sue, the

court should exercise power under Order VII Rule 11, CPC. Since

the power conferred on the Court to terminate civil action at the

threshold is drastic, the conditions enumerated under Order VII

Rule 11 of CPC to the exercise of power of rejection of plaint have to

be strictly adhered to. The averments of the plaint have to be read

as a whole to find out whether the averments disclose a cause of

action or whether the suit is barred by any law. It is needless to

observe that the question as to whether the suit is barred by any

law, would always depend upon the facts and circumstances of

each case. The averments in the written statement as well as the

contentions of the defendant are wholly immaterial while

considering the prayer of the defendant for rejection of the plaint.

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Even when, the allegations made in the plaint are taken to be

correct as a whole on their face value, if they show that the suit is

barred by any law, or do not disclose cause of action, the

application for rejection of plaint can be entertained and the power

under Order VII Rule 11 of CPC can be exercised. If clever drafting

of the plaint has created the illusion of a cause of action, the court

will nip it in the bud at the earliest so that bogus litigation will end

at the earlier stage.

9.In order to prima facie satisfy his case as pleaded in plaint

that the Suit property is a Wakf property, the plaintiff produced

certain documents including Gazette Notification dated 28.06.1962.

The averments in the plaint disclose that the property bearing

Survey No. 113 situated at Pernamitta village was notified as Wakf

property under Serial No. 966 in the Official Gazette published by

Andhra Pradesh State Wakf Board on 28.06.1962. On verification

of the Gazette Notification, the Wakf Tribunal has concluded that

under Serial No. 966 (Page No.742) the property attached to

Ashoorkhana situated at Kolachanakota village was shown and not

the property belonging to Pernamitta village. The name of the

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plaintiff was also not shown as Mutwalli. The property in question

is situated in Pernamitta village, whereas the Gazette which is relied

upon shows that the survey no. 113 is situated at a different village

which is stated to be far away (about 20 kms.) from village

Pernamitta. There is one more Ashoorkhana situated at Pernamitta

village which is not the subject matter of this litigation. List of wakf

properties pertaining to Pernamitta village does not contain the

property in question. The Tribunal, on facts, thus has concluded

that property in question does not find place in the Official Gazette

of the Wakf Board. The High Court also concurs with the Wakf

Tribunal in that regard. Thus, there are concurrent findings of fact

that property in question was not notified in Official Gazette as a

Wakf property, as alleged by the plaintiff/respondent.

10.The High Court though has agreed with the finding of fact

arrived at by the Tribunal that the property was not notified as

Wakf property in the Official Gazette, raising some doubt about the

non-inclusion/inclusion of the property in the Survey

Commissioner’s Report, erroneously has proceeded to set aside the

order of the Tribunal.

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11.As mentioned supra, notification containing the list of Wakf

properties relied upon by the plaintiff was published in Gazette as

back as on 28.06.1962 as per the provisions of Section 5 of Wakf

Act, 1954 (hereinafter, in short, called as 1954 Act) which is

subsequently replaced by the Waqf Act, 1995 (hereinafter, in short,

called as 1995 Act). Before proceeding further, it would be beneficial

to note the certain relevant provisions contained under the 1954

Act as well as 1995 Act for the purpose of deciding this matter.

The WAQF ACT, 1995 The WAKF ACT. 1954 (Old)

4. Preliminary survey of [auqaf]. –

(1) The State Government may, by

notification in the Official Gazette,

appoint for the state a Survey

Commissioner of [Auqaf] and as many

Additional or Assistant Survey

Commissioners of [Auqaf] as may be

necessary for the purpose of making a

survey of [auqaf in the state].

[(1A) Every State Government shall

maintain a list of auqaf referred to in

sub-section (1) and the survey of

auqaf shall be completed within a

period of one year from the date of

commencement of the Wakf

(Amendment) Act, 20136, in case such

survey was not done before the

commencement of the Wakf

(Amendment) Act, 2013:

Provided that where no Survey

4. Preliminary survey of wakfs. –

(1) The State Government may, by

notification in the Official Gazette,

appoint for the state a [Survey

Commissioner] of Wakfs and as many

Additional or Assistant [Survey

Commissioners] of Wakfs as may be

necessary for the purpose of making a

survey of Wakf properties existing in

the State at the date of the

commencement of this Act.

Page 9 9

Commissioner of Waqf has been

appointed a Survey Commissioner for

aquaf shall be appointed within three

months from the date of such

commencement.]

(2) All Additional and Assistant Survey

Commissioners of [Auqaf] shall

perform their functions under this Act

under the general supervision and

control of the Survey Commissioner of

[Auqaf].

(3) The Survey Commissioner shall,

after making such inquiry as he may

consider necessary, submit his report,

in respect of [auqaf] existing at the

date of commencement of this Act in

the State or any part thereof, to the

State Government containing the

following particulars, namely:-

(a) …………..

(b) ……………

(c) ……………

(d) ……………

(e) …………… and

(f) …………….

(4)…………………….

(5) …….

(6) The State Government may, by

notification in the Official Gazette,

direct the Survey Commissioner to

make a second or subsequent survey

of [waqf] properties in the State and

the provisions of sub-sections (2), (3),

(4) and (5) shall apply to such survey

as they apply to a survey directed

under sub-section (1):

Provided that no such second or

subsequent survey shall be made until

(2) All Additional and Assistant [Survey

Commissioners] of Wakfs shall perform

their functions under this Act under

the general supervision and control of

the [Survey Commissioner] of Wakfs.

(3) The [Survey Commissioner] shall,

after making such inquiry as he may

consider necessary, submit his report,

[in respect of Wakfs existing at the

date of commencement of this Act in

the State or any part thereof,] to the

State Government containing the

following particulars, namely:-

(a) …………..

(b) ……………

(c) ……………

(d) ……………

(e) …………… and

(f) …………….

(4)…………………….

(5)…..

(6) The State Government may, by

notification in the Official Gazette,

direct the Survey Commissioner to

make a second or subsequent survey

of wakf properties in the State and the

provisions of sub-sections (2), (3), (4)

and (5) shall apply to such survey as

they apply to a survey directed under

sub-section (1):

Provided that no such second or

subsequent survey shall be made until

the expiry of a period of twenty years

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the expiry of a period of [ten years]

from the date on which the report in

relation to the immediately previous

survey was submitted under

sub-section (3):

[Provided further that the waqf

properties already notified shall not be

reviewed again in subsequent survey

except where the status of such

property has been changed in

accordance with the previous of any

law.]

from the date on which the report in

relation to the immediately previous

survey was submitted under

sub-section (3).]

5. Publication of list of [auqaf]. –

(1) On receipt of a report under

sub-section (3) of section 4, the State

Government shall forward a copy of

the same to the Board.

(2) The Board shall examine the report

forwarded to it under sub-section (1)

and [forward it back to the

Government within a period of six

months for publication in the Official

Gazette] a list of Sunni [auqaf] or Shia

[auqaf] in the State, whether in

existence at the commencement of

this Act or coming into existence

thereafter, to which the report relates,

and containing such other particulars

as may be prescribed.

[(3) The revenue authorities shall –

(i) include the list of auqaf referred to

in sub-section (2), while updating the

land records: and

(ii) take into consideration the list of

auqaf referred to in sub-section (2),

while deciding mutation in the land

records.]

[(4) The State Government shall

maintain a record of the lists

published under sub-section (2) from

5. Publication of list of wakfs. –

(1) On receipt of a report under

sub-section (3) of section 4, the State

Government shall forward a copy of

the same to the Board.

(2) The Board shall examine the report

forwarded to it under sub-section (1)

and publish, in the Official Gazette, a

list of wakfs [[in the State, or as the

case may be, the part of the State,

whether in existence at the

commencement of this Act or coming

into existence thereafter] to which the

report relates, and] containing such

particulars as may be prescribed.

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time to time.]

6. Disputes regarding [auqaf]. –

(1) If any question arises whether a

particular properly specified a [waqf]

property in the list of [auqaf] is [waqf]

properly or not or whether a [waqf]

specified in such list is a Shia [waqf]

or Sunni [waqf], the Board or the

mutawalli of the [waqf] of [any person

aggrieved] may institute a suit in a

Tribunal for the decision of the

question and the decision of the

Tribunal in respect of such matter

shall be final:

Provided that no such suit shall be

entertained by the Tribunal after the

expiry of one year from the date of the

publication of the list of [auqaf]:

[Provided further that no suit shall be

instituted before the Tribunal in

respect of such properties notified in a

second or subsequent survey

pursuant to the provisions contained

in sub-section (6) of section 4.]

(2)…….

(3) ……..

(4) The list of [auqaf] shall, unless it is

modified in pursuance of a decision or

the Tribunal under sub-section (1), be

final and conclusive.

(5) On and from the commencement of

this Act in a State, no suit or other

6. Disputes regarding wakfs. –

(1) If any question arises [whether a

particular property specified as wakf

property in a list of wakfs published

under sub-section (2) of Section 5 is

wakf property or not whether a wakf

specified in such list is a Shia wakf or

sunni wakf] the Board of the mutawalli

of the wakf or any person interested

therein may institute a suit in a civil

court of competent jurisdiction for the

decision of the question and the

decision of the civil court in respect of

such matter shall be final:

Provided that no such suit shall be

entertained by the Civil court after the

expiry of one year from the date of the

publication of the list of wakfs under

sub-section (2) of Section 5:

[Provided further that in the case of

the list of wakfs relating to any part of

the State and published or purporting

to have been published before the

commencement of the Wakf

(Amendment) Act, 1969 (38 of 1969,

such suit may be entertained by the

Civil Court within the period of one

year from such commencement.]

(2)……..

(3) ……….

(4) The list of wakfs published under

sub-section (2) of Section 5 shall,

unless it is modified in pursuance of a

decision of the Civil Court under

sub-section (1), be final and

conclusive.

(5) On and from the commencement of

the Wakf (Amendment) Act, 1984 in a

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legal proceeding shall be instituted or

commenced in a court in that state in

relation to any question referred to in

sub-section (1).

State, no suit or other legal proceeding

shall be instituted or commenced in a

Civil Court in that State in relation to

any question referred in sub-section

(1).]

7. Power of Tribunal to determine

disputes regarding [auqaf]

(1) If, after the commencement of this

Act, [any question or dispute] arises,

whether a particular property specified

as [waqf] property in a list of [auqaf] is

[waqf] property or not, or whether a

[waqf] specified in such list is a Shia

[waqf] or a Sunni [waqf], the Board or

the mutawalli of the [waqf], or [or any

person aggrieved by the publication of

the list of auqaf under section 5]

therein, may apply to the Tribunal

having jurisdiction in relation to such

property, for the decision of the

question and the decision of the

Tribunal thereon shall be final:

Provided that –

(a) in the case of the list of [auqaf]

relating to any part of the State and

published after the commencement of

this Act no such application shall be

entertained after the expiry of one year

from the date of publication of the list

[auqaf]; and

(b) in the case of the list [auqaf]

relating to any part of the State and

published at any time within a period

6-A. Power of Tribunal to

determine disputes regarding wakfs

(1) If, after the commencement of the

Wakf (Amendment) Act, 1984, any

question arises whether a particular

property specified as wakf property in

a list of wakfs published under

sub-section (2) of the Section 5 is wakf

property or not, or whether a wakf

specified in such list is a Shia wakf or

a Sunni wakf, the Board or the

mutawalli of the wakf, or any person

interested therein, may apply to the

Tribunal having jurisdiction in relation

to such property, for the decision of

the question and the decision of the

Tribunal in respect of such matter

shall be final:

Provided that –

(a) in the case of the list of wakfs

relating to any part of the State and

published or purporting to have been

published after the commencement of

the Wakf (Amendment) Act, 1984, no

such application shall be entertained

after the expiry of one year from the

date of publication of the list of wakfs

under sub-section (2) and Section 5;

and

(b) in the case of the list of wakfs

relating to any part of the State and

published or purporting to have been

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of one year immediately preceding the

commencement of this Act, such an

application may be entertained by

Tribunal within the period of one year

from such commencement:

Provided further that where any such

question has been heard and finally

decided by a civil court in a suit

instituted before such

commencement, the Tribunal shall not

re-open such question.

published at any time within a period

of one year immediately preceding the

commencement of the Wakf

(Amendment) Act, 1984, such an

application may be entertained by the

Tribunal within the period of one year

from such commencement:

Provided further that where any such

question has been heard and finally

decided by a civil court in a suit

instituted before such commencement,

the Tribunal shall not re-open such

question.

12.A bare reading of the afore-quoted provisions (relevant

provisions for the purpose of this matter) contained in 1954 Act and

1995 Act, makes it manifestly clear that the provisions, which are

relevant for this case are almost parimateria with each other.

13.Section 4 of 1954 Act, empowered the State Government to

appoint a State Commissioner, and as many Additional and

Assistant Survey Commissioners of Wakf as may be necessary, by a

notification in the Official Gazette for the purpose of making survey

of wakf properties existing within the State. The Survey

Commissioner after making a survey of wakf properties would

submit his report to the State Government containing various

particulars as mentioned in sub-sections (3) and (4) of Section 4 of

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the Act. Section 5 of 1954 Act mandated that on receipt of such

report from Survey Commissioner made under sub-section (3) of

Section 4, the State Government should forward a copy of the same

to the Wakf Board. The Wakf Board would examine the report

forwarded to it and publish in Official Gazette, the list of Wakfs in

the State. For resolving the disputes regarding Wakfs, Section 6 of

1954 Act, provided jurisdictional Civil Court as a forum and

decision of Civil Court in respect of such matters should be final. It

was also clarified that no such suit should be entertained by the

Civil Court, after the expiry of one year from the date of publication

of the list of Wakfs as per sub-section (2) of Section 5. Sub-section

(4) of Section 6 stated that the list of Wakfs published under

sub-section (2) of Section 5 shall be final and conclusive unless

such list is modified on the direction of the Civil Court.

14.The provisions found in Sections 5 and 6 of Wakf Act 1995

and Act of 1954 are almost akin to each other. However the change

brought in by the Parliament under 1995 Act is that, in the case of

dispute regarding Wakfs, the aggrieved party needs to approach the

Wakf Tribunal constituted under Section 83 of the Waqf Act 1995

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and consequently the jurisdiction of the Civil Court is taken away.

Except the aforesaid change, no other substantial modification is

found in those provisions. Section 7 of 1995 Act empowers the

Tribunal to determine the disputes, regarding Auqaf/Wakfs, the

particulars of which are specified therein.

15.Section 6 and Section 7 of Waqf Act 1995 bars jurisdiction of

the Civil Court to try the civil suit in respect of questions

specifically enumerated under those provisions. Section 85 of Waqf

Act, 1995 further clarifies that no suit or other legal proceeding

shall lie in any civil court, revenue court and any other authority in

respect of any dispute, question or other matter relating to any

wakf, wakf property or other matter which is required by or under

this Act to be determined by a Tribunal.

16.The overall view of the aforementioned provisions contained in

Wakf Act, 1954 and Waqf Act 1995 make it evident that even under

1954 Act, as in 1995 Act, the Survey Commissioners were

appointed for the purpose of making survey of wakfs in State. The

Survey Commissioner was duty bound to conduct the survey of

wakfs in the State and after making such enquiry, as he might

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consider necessary, would submit his report in respect of Wakfs

existing in the State to the State Government with necessary

particulars. Copy of the said report would be forwarded by the

State to the Wakf Board which in turn would examine the report by

applying its mind and thereafter would publish the notification.

Whereas under 1995 Act, the Wakf Board after examining the

report forwards it back to Government within a period of 6 months

for publication in the Official Gazette in the State. Pursuant thereto

the State will publish the Gazette notification. The revenue

authorities will consequently include the list of Auqaf properties

while updating the revenue records under sub-section (3) of Section

5 of 1995 Act.

17.Thus it is amply clear that the conducting of survey by the

Survey Commissioner and preparing a report and forwarding the

same to the State or the Wakf Board precedes the final act of

notifying such list in the official gazette by the State under 1995

Act, (it was by the Board under 1954 Act). As mentioned supra, the

list would be prepared by the Survey Commissioner after making

due enquiry and after valid survey as well as after due application

Page 17 17

of mind. The enquiry contemplated under sub-section (3) of Section

4 is not merely an informal enquiry but a formal enquiry to find out

at the grass root level, as to whether the property is a Wakf Property

or not. Thereafter the Wakf Board will once again examine the list

sent to it with due application of it’s mind and only thereafter the

same will be sent to Government for notifying the same in the

Gazette. Since the list is prepared and published in the official

Gazette by following aforementioned procedure, there is no scope

for the plaintiff to get the matter reopened by generating some sort

of doubt about Survey Commissioner’s report. Since the surveyor’s

report was required to be considered by the State Government as

well as Wakf Board (as the case may be), prior to finalisation of the

list of properties to be published in the Official Gazette, it was not

open for the High Court to conclude that the Surveyor’s report will

have to be reconsidered. On the contrary Surveyor’s report merges

with the Gazette Notification published under Section 5 of the Wakf

Act.

18.As held by the Tribunal as well as the High Court, the property

in question does not find place in the Gazette notification published

Page 18 18

under Section 5 of the Wakf Act. In other words, the property in

question is not notified in the official Gazette as Wakf property. If

anybody including the Wakf Board or the plaintiff was aggrieved by

such non-inclusion of the property in the list notified, the aggrieved

person should have raised the dispute under Section 6 within a

period of one year from the date of publication of the Gazette

notification in the matter. The plaintiff has practically questioned

the non-inclusion of the property in the list and the validity of the

list notified in the official gazette dated 28.06.1962 after the lapse of

about 50 years, i.e. in the year 2013 by filing the present suit.

19.As per Section 27 of 1954 Act (Section 40 of 1995 Act), the

Board may itself collect information regarding any property which it

has reason to believe to be wakf property and if any question arises

whether a particular property is wakf property or not the Board

after making such enquiry as it deems fit, decide the question. The

decision of the Board on any question under sub-section (1) of

Section 27 of 1954 Act (or under Section 40(1) of 1995 Act) shall,

unless revoked or modified by the Civil Court, be final. The effect of

Section 27 of 1954 Act or Section 40 of 1995 Act is that, if any

Page 19 19

property had been omitted to be included in the list of auqaf by

inadvertence or otherwise, then it was/is for the Wakf Board to

take action, as per said provision. In this context, it is relevant to

note the observations by this Court in the case of T.N.Wakf Board

vs. Hathija Ammal

1

which read thus:

“In the event, any property has been

omitted by inadvertence or otherwise, then it is for

the Wakf Board to take action as provided under

Section 27 of the Act. If the Wakf Board has

reason to believe that a particular property is a

wakf property then it can itself collect information

and if any question arises whether a particular

property is a wakf property or not, it may, after

making such enquiry as it may deem fit decide the

question and such decision of the Wakf Board

shall be final unless revoked or modified by a civil

court. Such action has not been taken by the

Wakf Board in this case.”

20.Sub-section (1A) of Section 4 is inserted by Act 27 of 2013

w.e.f. 1.11.2013 and the same reads thus:

“(1A) Every State Government shall maintain a

list of auqaf referred to in sub-section (1) and the

survey of auqaf shall be completed within a period

of one year from the date of commencement of the

Wakf (Amendment) Act, 2013, in case such survey

1

(2001) 8 SCC 528

Page 20 20

was not done before the commencement of the

Wakf (Amendment) Act, 2013:

Provided that where no Survey Commissioner

of Waqf has been appointed a Survey

Commissioner for auqaf shall be appointed within

three months from the date of such

commencement.”

21.In the matter on hand, the said provision also will not come to

the aid of the plaintiff inasmuch as the said sub-section can be

employed only if survey of auqaf was not done before the

commencement of Wakf (Amendment) Act, 2013. Admittedly in the

matter on hand, the survey was conducted prior to1962 and

based on such Surveyor’s report only, the list was prepared and the

same was submitted to State Government, which in turn, was

forwarded to Wakf Board, the Wakf Board after examining the

report published the list in the official gazette in the year 1962.

Hence, sub-section (1A) of Section 4 also will be of no avail to the

plaintiff.

22.In the matter on hand, as mentioned supra, the Tribunal and

the High Court, on facts have held that the property in question is

not included in the list published in the Official Gazette as a wakf

Page 21 21

property. Such non-inclusion was never questioned by any person

including the Wakf Board. The Board has not exercised jurisdiction

under Section 27 of 1954 Act and Section 40 of 1995 Act, though

50 years have elapsed from the date of the gazette notification.

Hence, in our considered opinion, the averments in the plaint do

not disclose the cause of action for filing the suit. The suit is

manifestly meritless and vexatious. So also the suit is barred by law

for the reasons mentioned supra.

23.In view of the above, the Order of the High Court is liable to be

set aside. Accordingly, the same stands set aside. Appeal is

allowed. The order of the Wakf Tribunal is restored. No costs.

…..…………………………….J.

(R.K.Agrawal)

…..……………………………J.

(Mohan M. Shantanagoudar)

New Delhi,

Dated: April 19, 2017