M. LOGANATHAN Vs. NAWAB FAZEELATHUNNISSA BEGUM

JUDGEMENT

(1.) The plaintiff in O.S.No.1946/2015 pending on the file of the learned First Assistant Judge, City Civil Court (Wakf Tribunal), Chennai is the petitioner herein. The defendant (wakf) in the said suit is the respondent herein. The above said suit was filed by the petitioner herein for : (1) a declaration that the lease agreement dated 05.05.1999 registered as Document No.856/1999 on the file of the Sub Registrar, T.Nagar and the terms and conditions contained therein with respect to the suit property are binding on the respondent herein/defendant; (2) a declaration that the demand and termination notices dated 28.11.2014, 15.01.2015 and 23.02.2015 issued by the respondent herein/defendant are illegal, invalid and void; and (3) a permanent injunction restraining the respondent herein/defendant from interfering with petitioner's/plaintiff's peaceful possession, occupation and enjoyment of the suit property.

(2.) Admittedly, the suit property is a wakf property owned by the defendant (wakf) and the petitioner/plaintiff claims right under a registered lease deed dated 05.05.1999. The revision petitioner herein/plaintiff filed an application in I.A.No.5336/2015 under Order XXXIX Rules 1 and 2 of CPC praying for an interim injunction along with the plaint.

(3.) The respondent (wakf)/defendant (wakf), on entering appearance in the suit, resisted the said application contending that the suit itself was not maintainable and hence the injunction sought for could not be granted. After hearing both sides, the learned trial Judge, by order dated 28.04.2015, negatived the claim of interim injunction and dismissed I.A.No.5336/2015 in O.S.No.1946/2015 pending on the file of the First Assistant Judge, City Civil Court (Wakf Tribunal), Chennai. Questioning the legality of the said order, the revision petitioner Ms.Amthul Azeez Fathima/plaintiff in the said suit has brought-forth this Civil Revision Petition No.3207 of 2015 invoking the power of superintendence of this court under Article 227 of the Constitution of India.