TMI Blog1999 (8) TMI 1018X X X X Extracts X X X X X X X X Extracts X X X X ..... f Wakf properties. The trial court as per its judgment dated 16-4-1980 in O.S. No. 5/75 dismissed the suit and the appeal by the plaintiff against the said judgment came to be dismissed by the first appellate court as per its judgment dated 2-1-1989 in RA No. 508 of 1980. The concurrent findings of the two lower courts have been reversed by the impugned judgment of the High Court and the defendant has preferred this appeal before us. The plaintiff claiming to be a Society registered under the Societies Registration Act, 1860 contended before the trial court that had purchased the suit property as per two sale-deeds dated 25-7-1921 and 27-9-1921 and is running an educational institution for the benefit of the girls of muslim community. It ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Therefore, the necessary ingredients for the purpose of deciding an issue whether a property is a wakf property or not, is to examine with reference to any particular property whether there is a permanent dedication by a person professing Islam of any movable or immovable property for any purpose recognised by the Muslim law as pious, religious or charitable or not. In the instant case, the sale-deeds Ex. P1 and P2 dated 25-7-1921 and 29-9-1921 hitherto produced by the plaintiff at the relevant place read thus : Whether (sic) as the land known as Sultanji Gunta, situated in C M Station, Bangalore, and shown in the accompanying sketch and scheduled hereunder together with the Makhan adjoining it were originally the properties of one ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... endors of the said deed. It is also clear from the recital extracted above that is in furtherance of the said dedication of Sultanji with a desire to see that the property in question should be utilised for building a School thereon for Muslim girls or for other communal purpose, the said property was sold. In our view, the said recital makes it amply clear that the said Sultanji had dedicated the property in question for a purpose recognised by Muslim law, hence, the property in question had become a wakf property. Both the trial court and the lower appellate court in their elaborate judgments referred to the arguments addressed on behalf of the parties and perused the documents produced and concurrently came to the conclusion that the pro ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... coming to the conclusion that the said finding of fact is either perverse or not based on material-on-record. In Ramanuja Naidu v. V. Kanniah Naidu and Anr. [1996]3SCR239 , this Court held It is now well settled that concurrent findings of fact of trial court and first appellate court cannot be interfered with by the High Court in exercise of its jurisdiction under Section 100 of civil Procedure Code, the Single Judge of the High Court totally misconceived his jurisdiction in deciding the second appeal under Section 100 of the Code in the way he did. In Navaneethammal v. Arjuna Chetty AIR1996SC3521a , this Court held : Interference with the concurrent findings of the courts below by the High Court under Section 100 CPC must be avoided un ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the lower courts were either perverse or not borne out of records then we would have expected him to refer to and discuss the evidence in detail, pointing out the fatal error committed by the courts below in their finding of fact. In the instant case, the High Court after quoting extensively from certain judgments of this Court and without pointing out how the ratio of those judgment applied to the facts of the present case, reversed the concurrent finding which, in our opinion, was wholly unwarranted. The trial court noted the specific admissions made by PW-1 during the course of his cross-examination which clearly negatived the case of the plaintiff/appellant. It also came to the conclusion that the evidence of PW-1 with reference to lac ..... X X X X Extracts X X X X X X X X Extracts X X X X
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