M.SIRAJUDEEN SAYEED Vs. TAMIL NADU WAQF BOARD

JUDGEMENT

(1.) The revision petitioner, now by legal representatives, is the plaintiff in O.S.No.23 of 2022 before the Tamil Nadu Waqf Tribunal. The plaintiff, being unsuccessful before the Waqf Board, preferred an appeal before the Waqf Tribunal. The same was dismissed by a judgment and decree dtd. 11/10/2022, as against which, the present Civil Revision Petition has been filed.

(2.) I have heard Mr.Balan Haridas, learned counsel for the revision petitioners and Mr.Haja Mohideen Gisthi, learned counsel for the 1 st respondent, Mrs.A.Ajimath Begum, learned counsel for the 2nd respondent and Mr.Zaffarullah Khan, learned counsel for the 3rd respondent.

(3.) Mr.Balan Haridas, learned counsel for the revision petitioner would state that the subject property is a private family Trust, belonging to the plaintiff's family and at no point of time, there was any dedication of the subject properties for any public waqf or public objects/charities. The Trust created a private family waqf, which is for the benefit of the family members only and without any jurisdiction, the Waqf Board notified the property as a public waqf and directing registration of the waqf under Sec. 36 of the Waqf Act, 1995.