SHER ALISHA THAIKKAL TRUST Vs. K. SANKARAN

JUDGEMENT

(1.) THE petitioner in the capacity of Muthavalli of Sher Alisha Thaikkal Trust filed W.O.P.No.16 of 2003 against the respondents for eviction of first respondent and also direct him to pay the arrears of rent. The O.P. was contested by the respondents and the learned Principal Sub Judge, the Presiding Officer of the Wakf Tribunal, Madurai, dismissed the petition under observations that the tenant has to be afforded with ample opportunity with respect to payment of rent and the petitioner has to put forth his definite case before the Tribunal. Aggrieved against the order, the petitioner is before this Court with this revision.

(2.) THE dispute is with regard to the Muthavalli on behalf of Wakf property and the first respondent is tenant. The jurisdiction of the Wakf Tribunal for granting relief of eviction is excluded by law. The Hon'ble Supreme Court in (2010) 6 MLJ 527 (SC) (Ramesh Gobindram (dead) through Lrs. v. Sugra Humayun Mirza Wakf), has categorically observed that a suit seeking eviction of the tenants from the Wakf property could be filed only before the Civil Court and not before the Tribunal. The operative portion of the judgment is as follows:

(3.) IN fine, the Civil Revision Petition is dismissed without costs. The petitioner is at liberty to initiate eviction proceedings before the competent Civil Court against the tenant for eviction.