PURAIYUR MUSLIM MUNNETRA SABAI Vs. ANTONY FRANCIS

JUDGEMENT

(1.) All the three Revision Petitions have been filed by the Plaintiff in O.S. Nos.144, 145 & 147 of 2003 on the file of the Wakf Tribunal (Principal Subordinate Court), Thoothukudi challenging the dismissal of the Suits filed for declaration of title, recovery of possession and damages for use and occupation of the schedule mentioned properties.

(2.) It is the contentions of the Plaintiff in all the three Suits that the Suit Schedule properties belong to Kothuba Pallivasal Wakf Puraiyur. The said Wakf is a public religious Wakf and it has been surveyed and registered. According to the Plaintiff pallivasal, patta for the schedule mentioned lands stands in the name of Wakf.

(3.) The Plaintiff had contended that the Defendants in each one of the Suits have taken lease of the vacant site and they are enjoying the same as lessee by putting up superstructure over the same and they have no manner of title over the property except the lease hold right. The Tenants had paid vacant site rent up to July 2001 and thereafter, they have not chosen to pay rent. A notice was issued to the Tenants under Sec. 106 of Transfer of Property Act terminating the tenancy of the Defendants w.e.f. 31st of October 2002 and claiming arrears of rent. The Defendants have sent a reply denying title of the Plaintiff pallivasal and claiming title upon them.