MOHAMMED HANIF SHABAB Vs. ANJUMAN HAMI-E-MUSLIMEEN

JUDGEMENT

(1.) THE order dated 25.2.2014 passed by the Principal Civil Court, Bhatkal under which it is held that the suit for possession of the encroached land is maintainable and not barred under Section 84 of the Wakf Act is called in question in this writ petition.

(2.) THE question involved in this case is fully covered by the decision of the Division Bench of this Court in the case of Dr. Mirza Sajjad Hussan Vs. M/s. Bayan Bai Wakf rep. by its Muthavali Mr. Fuaad Musvee, Chennai, reported in : 2014(2) KCCR 125Q, wherein it is held that the suit seeking eviction of tenants from the wakf property is to be filed only before the Civil Court and not before the Wakf Tribunal. While coming to the said conclusion, the Division Bench has relied upon the judgment of the Apex Court in the case of Ramesh Gobindram(dead) through LRs. Vs. Sugra Humayun Mirza Wakf, reported in : (2010) 8 SCC 726, wherein it is observed thus: -