KADAYANALLUR PETTAI Vs. GANAPATHY ASARI

JUDGEMENT

(1.) The Judgment and decree passed in Original Suit No.283 of 1998 by the Wakf Tribunal/Principal Sub Court, Tirunelveli are being challenged in the present Civil Revision Petition.

(2.) The respondent as plaintiff has filed Original Suit No.451 of 1995 on the file of the District Munsif Court, Tenkasi for the reliefs of declaration and recovery of possession and subsequently as per notification issued by the Government of Tamilnadu bearing No.536 dated 24.10.1997, Original Suit No.451 of 1995 has been withdrawn and transferred from the file of the District Munsif Court, Tankasi to the file of the Wakf Tribunal/Principal Sub Court, Tirunelveli and the same has been taken on file in Original Suit No.283 of 1998.

(3.) In the plaint it has been stated that the plaintiff is nothing but a Wakf and the suit property is nothing but a thatched shed and its appurtenant and the same has been let out to the defendant on monthly rental basis. Now the defendant has denied the title of the plaintiff to the suit property. Under the said circumstances the present suit has been instituted for the reliefs of declaration and recovery of possession.