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Issues Involved:
1. Title of the suit property. 2. Legality of the Wakf Notification. 3. Adverse possession claim. 4. Legality of the order by the third defendant. 5. Entitlement of the third defendant to hold an enquiry. 6. Limitation period for the suit. 7. Requirement of notice u/s 56 of the Wakf Act. 8. Estoppel against adverse possession claim. 9. Estoppel against ownership claim. Summary of Judgment: Issue 1: Title of the Suit Property The plaintiff, the State of Karnataka, claimed ownership of the suit property, CTS No. 34B, based on historical transactions, including a grant from the Government of Bombay to the District Local Board and subsequent transfers to the District School Board and the Department of Education. The trial court found in favor of the plaintiff, supported by documentary evidence (Exs. P1 to P4) and the testimony of P.W. 1. The defendants failed to provide convincing evidence of their claim that the property belonged to a Wakf established by Peer Mahabari Khandayat. The High Court affirmed this finding. Issue 2: Legality of the Wakf Notification The plaintiff contended that the Wakf Notification declaring the suit property as 'wakf property' was issued without proper enquiry and notice as required u/s 4(3) of the Wakf Act. The trial court held that no valid enquiry was conducted, and the notification was not binding on the plaintiff. The High Court agreed, stating that the defendants failed to prove that a proper enquiry was held and that the plaintiff had notice before the notification. Issue 3: Adverse Possession Claim The plaintiff alternatively claimed title by adverse possession, asserting continuous possession since 1928. The trial court accepted this claim, noting that the plaintiff's possession was hostile to the defendants' claims and exceeded the statutory period. The High Court upheld this finding, rejecting the appellant's argument that the claim of title and adverse possession were inconsistent. Issue 4: Legality of the Order by the Third Defendant The plaintiff challenged the order by the third defendant directing the handover of the suit property to the Wakf. The trial court found the order illegal, passed without giving the plaintiff an opportunity to defend. The High Court confirmed this, noting procedural lapses and lack of proper notice to the plaintiff. Issue 5: Entitlement of the Third Defendant to Hold an Enquiry The trial court found that the third defendant was not entitled to hold an enquiry under Section 67(2) of the Karnataka Land Revenue Act, as the process was initiated based on an illegal Wakf Notification. The High Court agreed, affirming the trial court's decision. Issue 6: Limitation Period for the Suit The appellant argued that the suit was barred by limitation u/s 6 of the Wakf Act, as it was filed beyond one year from the notification date. The trial court rejected this, stating that the limitation period did not apply to the plaintiff, a non-Muslim stranger to the Wakf. The High Court upheld this interpretation, supported by the decision in The Board of Muslim Wakfs, Rajasthan v. Radha Kishan. Issue 7: Requirement of Notice u/s 56 of the Wakf Act The appellant contended that the suit was not maintainable due to non-compliance with Section 56 of the Wakf Act. The trial court found that the plaintiff had issued the required notice, supported by Ex. P8 and the testimony of P.W. 1. The High Court confirmed this finding, noting sufficient compliance with the statutory requirement. Issue 8: Estoppel Against Adverse Possession Claim The trial court found no estoppel against the plaintiff's claim of adverse possession, as the evidence supported continuous and hostile possession. The High Court upheld this decision. Issue 9: Estoppel Against Ownership Claim The trial court rejected the defendants' claim of estoppel against the plaintiff's ownership, supported by the evidence of title and possession. The High Court affirmed this finding. Order: The High Court dismissed the appeal, confirming the trial court's judgment and decree. The plaintiff's suit was decreed, declaring the plaintiff as the owner, invalidating the Wakf Notifications, and directing the deletion of entries in the revenue records in favor of the defendants. The court clarified the reliefs granted and directed the parties to bear their own costs.
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