V.KRISHNAN Vs. B.AKBAR

JUDGEMENT

(1.) At the instance of both the parties, both the petitions are taken up for disposal by common order.

(2.) The Civil Revision Petition has been filed to strike off the suit in O.S.No.54 of 2006 on the file of the learned Wakf Tribunal cum Court of the Principal Subordinate Judge, Vellore, and the writ petition has been filed seeking a direction directing the respondents 1 & 2 to provide appropriate and adequate Police Protection to the petitioners for carrying out improvement and fencing works in their property viz., Layout namely Arumugam Nagar, consisting of Plot Nos.1 to 27, measuring a total extent of 1.61 acres (inclusive of roads, parks, etc., gifted to the Kaveripakkam Town Panchayat), comprised in Survey Nos.1306, 1307/2 & 1308, Kaveripakkam Village, Nemili Taluk, Vellore District.

(3.) The Civil Revision Petition has been filed to strike off the plaint in the suit in O.S.No.54 of 2006 on the file of the learned Wakf Tribunal cum Court of the Principal Subordinate Judge, Vellore and renumbered as O.S.No.177 of 2019 filed by the first respondent herein. The suit property originally belonged to one, Kaboor Sahib and others who were allotted with the said property as Minor Inam property under the Minor Inam Abolition Act and patta was also issued in the names of the said Kaboor Sahib and others. They sold out the property in favour of the second respondent herein by a registered sale deed dated 05.03.1979 and registered as document No.695 of 1979. After purchasing the said property admeasuring 1.61 acres, the second respondent herein was in possession and enjoyment of the property and also she obtained patta in her name. While being so, the third respondent herein namely, the Chief Executive Officer of the Tamil Nadu Wakf Board filed a suit in O.S.No.810 of 1983 on the file of the learned District Munsif Court, Sholingar against the second respondent for recovery of possession of the suit property on the strength of that the subject property is a wakf property by virtue of notification under the Wakf Act and published in Government Gazette dated 11.02.1959.