MOHAMED MUSA SAIT WAKF Vs. ATUL A MODI

JUDGEMENT

(1.) THIS Civil Revision Petition is filed under Sec. 18 of the Karnataka Small causes Court Act, 1964 to set aside the order dated 12-8-2003 passed in S. C. No. 15334/ 2003 by the XVAdditional Small Cause court, Mayo Hall in (SCCH-19) Bangalore.

(2.) THE case of the petitioner- M/s. Mohamed Musa Sait Wakf, A Wakf-ul-Aulad is that it has filed a suit for ejectment against the respondents and sought for delivery of actual vacant physical possession of the property from the respondents and other consequent relief. According to it, the petition schedule property was let out to the respondents under a lease deed dated 1-6-2000 for a period of 3 years on a monthly rent of Rs. 2,000/-, since the respondents were irregular in paying the rent and they have sub-let the property to others. The rent derived from the petition schedule property was to be distributed among the beneficiaries in accordance to the Wakf deed dated 30-10-1920. The petitioner-plaintiff was a Wakf-alal-Aulad simpliciter and is exempted from the application and purview of Section 85 of the Wakf Act. The memo filed in S. C. No. 15334/03 by the defendants-respondents was allowed by the trial Court and held that there is no jurisdiction to entertain. Therefore, the petitioner-plaintiff has come up with this Civil Revision petition.

(3.) HEARD the arguments of learned counsel for the revision petitioner and learned counsel for the respondents.