ULLAL JUMMA MASJID AND SAYYID MADANI DARGA BY ITS PRESIDENT-DARGA COMMITTEE HAJI U.K. IBRAHIM, 66 YRS PB-1201, POST OFFICE ULLAL MANGALORE, DAKSHINA KANNADA Vs. MRS. KHATHIJAMMA AND OTHERS

JUDGEMENT

(1.) THIS is a plaintiffs second appeal aggrieved by the judgment and decree passed by the II Addl. Civil Judge (Jr. Dvn.), Mangalore in OS 336/2002 affirmed by the II Addl. Civil Judge (Sr. Dvn.), Mangalore in RA 110/2004. Though notice is served on respondents 7 and 10, none represent them. Heard the counsel representing the appellant.

(2.) SUIT filed by the plaintiff/appellant -Wakf is dismissed Spy the trial court as well as the lower appellate court on the ground of maintainability and also opining that the property is the subject matter of Wakf and should go before the Wakf Tribunal.

(3.) THE question that arises for consideration in view of the submission made is whether the Wakf Tribunal has got jurisdiction to maintain the suit for ejectment even if the property is a wakf property.