P M VENKATACHALAPATHY Vs. SYED ANWAR

JUDGEMENT

(1.) THIS revision is directed against the order passed in Preliminary Issue in O. S. No. 485/1996 dated 22. 09. 1999 on the file of the Sub Court, Hosur, transferring the suit to the Sub Court, Krishnagiri/wakf Tribunal. Plaintiffs are the Revision Petitioners.

(2.) O. S. NO. 485/1986 :-

(3.) THE Defendants have filed Written Statement contending that suit properties have been declared to be Wakf Properties by the Settlement Tahsildar, Salem in S. R. No. 162/1968 under Wakf Act 30/1963. Wakf Properties covered has been surveyed under the Wakf Act 1955 and the same was published as Wakf Properties in the Fort St. George Gazette. The suit properties have never lost their character, being Wakf Properties, at any time. The Revenue and Settlement Records also would show that the suit property is a Wakf Property. Order of the Tahsildar granting patta to the Plaintiff is not binding on the mosque. The Muthavalli has no power to enter into compromise without the consent of the Wakf Board. The suit O. S. No. 228/1992 on the file of Subordinate Judge, Hosur is decreed. The Jamathdhars of Jamiya Masjid have no power to enter into any compromise without the consent of the Wakf Board. Hence the alienation made in favour of the Plaintiffs can have no validity or force. Hence the Plaintiffs are not entitled for the reliefs sought for in the plaint.