ABDUL SUBAN Vs. SYED THARU HUSSAIN

JUDGEMENT

(1.) THE present Revision is directed against the order of the learned District Munsif, Thirumangalam dated 24.3.2005 in I.A. No. 206 of 2005 in I.A. No. 57 of 2005 in O.S. No. 28 of 2005.

(2.) THE petitioner herein filed the Suit against the respondent herein and others in O.S. No. 28 of 2005 on the file of the District Munsif, Thirumangalam for grant of permanent injunction restraining the defendants in the said Suit from interfering with his possession and enjoyment of the suit property. The respondent, who is the first defendant in the said Suit, has filed an Application to decide the issue of jurisdiction at the first instance. In the said Application, it has been stated that the suit property is a wakf property and hence, the District Munsif Court, Thirumangalam, where the Suit has been filed, has no jurisdiction to try the same. The petitioner, who was the respondent in the said Application, resisted the same stating that the suit property is not a wakf property and hence, the Suit filed before the said Court cannot be termed as not maintainable. The learned Trial Judge, after discussing the entire facts and circumstances of the case, allowed the said Application and returned the plaint to be presented before the proper Court. Challenging the said order, the plaintiff has come forward with the present Civil Revision Petition.

(3.) PER contra, Mr. T.V. Sivakumar, the learned counsel appearing for the respondent, has vehemently contended that :