SAKKAF SAHIB THAIKKAL Vs. SYED MOHAMED PEERAN

JUDGEMENT

(1.) THE above second appeal arises against the judgment and decree, dated 11.12.2003 made in A.S. No. 100 of 2002 on the file of the Fast Track Court, Thanjavur, modifying the judgment and decree, dated 25.06.2002 made in O.S. No. 86 of 1998 on the file of Principal Subordinate Court, Thanjavur. The plaintiff is the appellant herein. The suit is filed by the Private Trust, by name, Sakkaf Sahib Thaikkal, represented by its Hereditary Trustee.

(2.) THE suit is filed for declaring the arrangement entered into between the plaintiff and the defendants 1 to 9 to be unlawful and unenforceable and for consequential permanent injunction restraining the defendants from interfering with the administration of the trust, more fully described as plaint -A schedule immovable property. In short, the reliefs sought for in the suit are in respect of the administration and management of the Wakf property. The suit reliefs are resisted by the defendants mainly by questioning the maintainability of the suit before the civil Court.

(3.) THE trial Court dismissed the suit, by deciding both legal and factual issues, against the plaintiff. Aggrieved against the same, the plaintiff preferred an appeal in A.S. No. 100 of 2002 before the first Appellate Court. The first Appellate Court while upholding the finding of the trial Court regarding the bar of civil Court jurisdiction to try the dispute relating to Wakf property, deemed it fit to set aside the other findings rendered on factual issues. The lower Appellate Court also modified the finding of the trial Court regarding the maintainability of the suit by permitting the plaint to be returned, to be presented before proper Court. Hence, this Second Appeal by the plaintiff before this Court.