H ASATHULLAH SAHIB Vs. D VENKATESA NAIDU

JUDGEMENT

(1.) THIS Civil Revision Petition arises out of the order dated 26. 03. 2004 passed by the District Munsif cum Judicial Magistrate No. I, walajapet in I. A. No. 3 of 2004 in O. S. No. 48 of 2001, dismissing the Suit on the ground that the dispute regarding the Suit Property relates to the Wakf property and finding that only the Wakf Tribunal would have jurisdiction to try the Suit. The Plaintiff Walajapet Bazaar Mosque represented by its Muthavalli is the Revision Petitioner.

(2.) O. S. No. 48 of 2001:- The Plaintiff Mosque is situated in Walajapet. The Plaintiff Mosque is under the supervisory control of tamilnadu Wakf Board, Chennai. The Suit Mosque is having its properties and shops on its Southern and Eastern rows facing M. B. T. Road. The Shops and properties are let out to several Tenants and the Plaintiff Mosque has been collecting the Rent from the aforesaid Tenants, which is utilised to meet the day to day expenses of the Mosque. The First Defendant is one such Tenant in respect of the Property on the Eastern Road bearing Door Nos. 28 to 31, Desai Chetty Street , Walajapet. The First defendant has been storing the firewood and doing the firewood business in a small thatched structure. The First Defendant had also executed an Agreement of rent in favour of the Plaintiff Mosque on 01. 02. 1972. Initially, the rent was at Rs. 10/- per month, which was gradually increased to Rs. 250/- per month and the Tenancy being reckoned according to English Calendar month. With the ulterior motive of grabbing the Suit Property, the First Defendant started evading payment of rent to the Plaintiffs Mosque. Hence, the Plaintiffs mosque has filed the Suit in O. S. No. 48 of 2001 for Eviction against the First defendant and also for recovery of accumulated arrears of rent and damages.

(3.) I. A. No. 3 of 2004 was filed by the Defendant to decide the issue regarding question of jurisdiction as the preliminary issue.