SECRETARY Vs. KANCHEEPURAM OILI MOHAMED

JUDGEMENT

(1.) THE Appellant/10th Respondent/10th Defendant has filed the present Second Appeal before this Court as against the Judgment and Decree dated 26.03.1992 in A.S.No.41 of 1990 passed by the Learned Sub-Judge, Kancheepuram.

(2.) THE first Appellate Court Viz., Sub-Judge, Kancheepuram, in its judgment in A.S.No.41 of 1990 dated 26.03.1992, as among other things has held that the Defendants 1 to 9 are liable to repay a sum of Rs.8,045.06/- to the 1st respondent/Appellant/Plaintiff and resultantly allowed the appeal filed by the 1st Respondent/Appellant/Plaintiff with costs.

(3.) FINDING on Substantial Questions of law: 2 and 3:-According to the Learned Counsel for the Appellant/10th Respondent/10th Defendant, the first Appellate Court has not taken into account of the fact that no suit notice under Section 56 of the Wakf Act (now Section 89 of the Act) has been given by the 1st Respondent/Plaintiff/Appellant by granting two months time before filing of the present suit and this omission goes to the root of the matter and as such the suit filed by the 1st Respondent/Appellant/Plaintiff is not maintainable in the eye of law.