G.P. Mathur JUDGMENT
S. Rajendra Babu, J.
1. Three suits were filed by the first respondent in each of these cases seeking for a declaration that notifications issued by the Karnataka Board of Wakf, i.e., the appellant before us, showing some of the defendants to be illegal and void or in the alternative, to declare the first respondent as owner of the suit properties on the ground that they have perfected their title by adverse possession and consequential relief for permanent injunction. There are three sets of properties in each of these three matters. One is CTS No. 24 of Ward No.VI, described as "Karimuddin's Mosque", another is CTS No. 36 of Ward No.VI, described as "Mecca Masjid" and the other is CTS No. 35 of Ward No. VI, described as " Water Tower". All of them were situated at Bijapur.
2. The claim made by the first respondent is that they acquired the suit property under the Ancient Monuments Preservation Act, 1904 (Ancient Monuments Act) and a notification has been published in that regard and the suit property had been entered in the Register of Ancient Protected Monuments incharge of the Executive Engineer. Thereafter, the Government of India enacted the Ancient Monuments And Archaeological Sites and Remains Act, 1958 and the suit property came to be under the management of the Department of Archeological Survey, Government of India. It is asserted by the first respondent that in all the relevant records, the name of the Government of India has been shown as the owner of the suit property and that they came to know that the defendants got published a notification No.KTW/531/ASR-74/7490 dated 21.4.1976 showing that the suit property as having been declared as 'Wakf Property' in terms of section 26 of the Wakf Act, 1954 and was also stated to have been published in the Gazette. Inasmuch as the suit property since inception was under the ownership of the plaintiff with lawful possession thereof, defendants could not have made any claim thereto nor get the same declared as Wakf property. The defendants contested this claim of the plaintiffs in the original suits and that after following due procedure publication has been made in the Karnataka Gazette in terms of Section 67 of the Karnataka Land Revenue Act and the order passed by the concerned officer is binding on the plaintiff and, therefore, the plaintiff cannot claim any ownership on the ground of adverse possession.
3. While this is the stand of the Wakf Board, the appellant before us, and the other defendants described as to be "mutawallis" of the Wakf property, stated that one of the Arab Preachers, Peer Mahabari Khandayat came as a Missionary to Deccan as early as AD 1304 and occupied whole Arkilla and erected "Mecca Masjid" according to established customs to offer prayer which is surrounded by a vast open area. The said property had all along for seven centuries been treated as Wakfs and have been since after the time of Peer, managed, looked after and maintained by Sajjada Nashin from time to time. No one has interfered with their right. They claim that they have appropriate sanads to show that the property in question is Wakf property and that another portion of the suit property also belongs to the Darga of Peer Mahabari Khandayat and Chinni Mahabari Khandayat Darga Arbkilla, Bijapur and, therefore, the same has been appropriately entered in the Wakf Register.
4. The trial court raised several issues in the matter and gave a finding that on a consideration of the oral and documentary evidence in the case it is clear that even prior ........