AKBAR ALI Vs. MURUGAN

JUDGEMENT

(1.) Challenge in this civil revision petition is made by the plaintiff's Mosque to the Judgment and Decree, dated 29.09.2005, passed in O.S.No.244 of 1998, on the file of the Wakf Tribunal (Principal Subordinate Court), Tirunelveli.

(2.) The suit, in O.S.No.244 of 1998, has been laid by the revision petitioner's Mosque for the reliefs of declaration and permanent injunction and also by amending the plaint, has sought for the relief of possession of the suit property by removing the encroachments made in the suit property by the respondents.

(3.) In brief, according to the revision petitioner's case, the suit property belonged to the revision petitioner's Mosque and as per the proceedings of the Settlement Tahsildar, Kovilpatti, dated 26.06.1970, under the Madras Minor Inams (Abolition and Conversion into Ryotwari) Act 30/63, the Patta for the suit property was granted in favour of the revision petitioner's Mosque and the revision petitioner's Mosque is in possession and enjoyment of the suit property and while so, pending suit, the respondents, without any authority, trespassed into the suit property and put up superstructures and hence, the superstructures are liable to be removed and the respondents have no right, title or interest over the suit property in any manner and hence, the revision petitioner's Mosque, according to it, has been necessitated to prefer the suit for appropriate reliefs.