NOORKHAN Vs. HUSSAIN MASTHAN PALLIVASAL MANAPPARAI

JUDGEMENT

(1.) The above Special Tribunal Appeal and Civil Revision Petitions are filed against the Common order passed by the Inam Estate Abolition Tribunal ( Sub-Judge) Tiruchirapalli, vide order dated 23rd of January 2006.

(2.) The land totally measuring 15.80 acres in Sevvallur Village, Manapparai Taluk, Tiuchirappalli District, is the subject matter of the dispute.

(3.) The said land earlier classified as inam land in the Fair Inam Register for the Title Deed No.1385. After abolition of minor inams as per Act 30 of 1963, the Assistant Settlement Officer Suo motu conducted enquiry and granted patta to Hussain Mustan Pallivasal, Manapparai, vide order dtd. 28/3/1969. The same was challenged by Noorkhan before the Special Tribunal and he partially succeeded. The tribunal, in the order dtd. 30/1/1988, cancelled the patta granted to Hussain Mustan Pallivasal. The matter was remanded back to the Assistant Settlement Officer, for fresh consideration. Accordingly, the Assistant Settlement Officer conducted fresh enquiry and granted patta to Noorkhan under Sec. 8(1) of the Tamil Nadu Minor Inams (Abolition and Conversion into Ryotwari) Act, 1963(hereinafter referred to as the 'Act). Aggrieved by the order of the Assistant Settlement Officer, one Mr.Mohammed Hussain, as a person interested in Hussain Mustan Pallivasal, challenged the grant of patta to Noorkhan, in C.M.A.No. 1 of 1989 before the Special Tribunal for Inam Abolition Act at Trichy. Pending appeal, in respect of the same property, two declaration suits were filed and they were transferred to the Tribunal and numbered as Wakf O.P.No.6 of 2000 (filed by the Tamilnadu Wakf Board to declare the property as Wakf property and consequential injunction) and Wakf O.P.No. 7 of 2000 (filed by Noorkhan, Velayutham and Mohammed Ismail to declare the sale of the property valid and consequential injunction). In addition, the Appeal Suit in A.S.No.67 of 1992 against the dismissal of O.S.No.169 of 1991 between Muthavalli of Hussain Musthan Pallivasal and Noorkhan, in respect of the same property was also taken up together and disposed of by the Tribunal in the common order dtd. 23/1/2006.