E.S.SIKKANDAR Vs. A.SYED MOHIDEEN

JUDGEMENT

(1.) The plaintiff is the appellant.

(2.) The plaintiff filed a suit for declaration that the suit schedule properties are Wakf properties and for recovery of possession from the defendants. The trial Court granted a decree only with regard to the prayer for declaration of title. But it was dismissed with regard to the other prayers. The plaintiff filed A.S.No.48 of 1997 before Principal District Court, Madurai. The learned District Judge concurred with the findings of the trial Court and dismissed the appeal filed by the plaintiff. As against the same, the plaintiff has filed the above second appeal.

(3.) In the plaint, the plaintiff has contended that the suit property belongs to Hazarath Aliyarsha Darga. The said Darga is a Wakf property, in which, the plaintiff is the Muthavalli. According to the plaintiff, the Darga is duly registered as a Wakf with the Tamil Nadu State Wakf Board. As a Muthavalli, the plaintiff and his family members have been residing in the eastern portion of the suit schedule property. The defendants' father had requested the plaintiff to permit them to occupy the western portion of the building for his residential purposes. Based on the said request, permission was granted to the defendants to occupy the western portion of the suit schedule properties. The possession of the defendants in the suit schedule property is only in the nature of a permissive occupation. The plaintiff further contended that since the defendants interfered in the conducting of festival in the Darga, he filed O.S.No.5 of 1986 on the file of District Munsif, Madurai Town as against the defendants for permanent injunction, restraining them from interfering with the plaintiff's management of the Darga. The trial Court decreed the suit. As against the same, the defendants filed A.S.No.144 of 1988 before First Additional Subcourt, Madurai. The appeal was also dismissed. As against the same, the defendants have not filed any second appeal.