SYED THAJUDDIN Vs. SYED MOHIDEEN

JUDGEMENT

(1.) The revision Petitioner/1st Respondent has filed this Civil Revision Petition as against the order dated 17.9.2007 in E.A. No. 199 of 2006 passed by the learned Principal Sub Judge, Cuddalore (Wakf Tribunal).

(2.) The Wakf Tribunal viz., the learned Principal Sub Judge, Cuddalore. while passing orders on 17.9.2007 in E.A. No. 199 of 2006 filed by the 1st Respondent/Petitioner under Order 21 Rule 11 read with Section 151 of Code of Civil Procedure praying that he may be appointed as Mutawalli of Nawab Pettai Durgah (Khadirabad) etc., has among other things observed that'...the power of the 1st Respondent as Mutawalli has come to an end. The post is lying as vacant. The applicant belongs to one of branches of admitted genelogy and is also well educated and is a resident of Kollidam. Further, the properties concerned are private wakf and not a public wakf. Therefore, it is felt that the Petitioner can very be appointed as Mutawalli of the Nawab Pettai Durgah and allowed the application as prayed for directing the parties to bear their own costs.'

(3.) According to the learned Counsel for the revision Petitioner/1st Respondent, the order of the trial Court viz., Wakf Tribunal in allowing E.A. No. 199 of 2006 dated 17.9.2007 is against law, weight of evidence and probabilities of the case and indeed the Tribunal has committed an error in rendering a finding that the wakf in question viz.. Idullah Shutari Dargah at Nawabpettai (also known as Nawabpettai Dargah), is a Private Wakf A1-Aulad.