PRESIDENT Vs. D.GANESAN

JUDGEMENT

(1.) This Revision Petition has been filed against the order passed by the Tamil Nadu Waqf Tribunal in unnumbered O.A.Sr.No.159 of 2019, dated 18.10.2019, under which the application, i.e., O.A filed by the revision petitioner has been rejected as not maintainable.

(2.) The facts in nutshell are as follows :

(3.) Heard Mr.N.A.Nissar Ahmed, learned counsel appearing for the revision petitioner, who has made submissions that, under the scheme of the Waqf Act, 1995 (in short "the Act"), the role of the Mutawalli has been specified, who is incharge or custodian of the Waqf property for which he has been elected and appointed as Mutawalli. Accordingly, as per the functions and duties enumerated to be performed by a Mutawalli as contemplated under the Act, a Mutawalli or President of the Waqf can very well set the law in motion by filing appropriate application before the Waqf Tribunal under Section 83 (1) and (2) of the Act in view of the amendment made in the Act in the year 2013, where the scope of the jurisdiction of the Tribunal has been expanded to the extent that apart from deciding or determining any dispute, question or other matter related to a Waqf or Waqf property, determination of rights and obligations of the lessor and lessee of such property, eviction of a tenant is also a subject which comes squarely under the jurisdiction of the Tribunal by virtue of the substitution by Act 27 of 2013 under Section 44, w.e.f., 01.11.2013, therefore the application filed by the revision petitioner can very well be maintained.