MOHAMMED RAFI Vs. THIRUVENGADAM

JUDGEMENT

(1.) This Civil Revision Petition is directed as against the judgment and decree passed in O.S.No.47 of 2010 dtd. 18/8/2015 on the file of the Principal Sub Court Villupuram (Wakf Tribunal), thereby, dismissing the suit filed by the petitioner for declaration to declare that the suit property belonged to the Milathe Shareef Wakf, recovery of possession and also for declaration to declare the sale deed executed in favour of the first defendant herein is null and void, with consequential prayed for permanent injunction, in respect of the suit property.

(2.) The learned counsel for the petitioner submitted that the suit property is a Wakf property by registered Wakf Deed dtd. 17/6/1938.

(3.) While that being so, one of the trustees alienated one of the suit property to the first defendant by executing the registered sale deed dtd. 3/2/2010, vide document No.307/2010. It transpires that the first defendant had been taking steps to form a Lay-Out and to sell the suit property in pieces to a number of persons. He further submitted that the "Wakf" defined under Sec. 3 (r) of the Wakf Act, 1995 and it means the permanent dedication by any person professing Islam of any immovable or movable property for any purpose recognized by the Muslim law as pious, religious or charitable. Sec. 36 of the Wakf Act, 1995 relates to the registration of the Wakf by the Muthavalli. If the Wakf is not registered as contemplated under Sec. 36 of the Wakf Act, 1995. there is penalty under Sec. 61 of the Wakf Act, 1995. Therefore, mere non registration of Wakf is not the ground for dismissing the suit for declaration. In support of his contentions, he relied upon the judgments reported in 2008 (2) LW 230 (Tamil Nadu Wakf Board -vs- Hakkim M.Mohamed Moideen and others), 2002 (1) CTC 561 (T.N.Wakf Board -vs- Hathija Ammal (dead) by Lrs. And others, AIR 1986 Kar 12 ( Mohammed Ghouse -vs- Karnataka Board of Wakfs) and (1999) 6 SCC 343 (Karnataka Board of Wakf -vs- Anjuman-E-Ismail Madris-un-Niswan).