SOORSHA MAKKAN WAKF, REPRESENTED BY ITS EXECUTIVE OFFICER HAVING HIS OFFICE AT 17, VENKATESAN STREET CHEPAUK, CHENNAI Vs. MRS. MAHABOOBSA BEGUM

JUDGEMENT

(1.) The defendants 1 to 3 in C.S. No. 136 of 2011 have taken out this application seeking to reject the plaint in the above suit on the ground that the suit property is a Wakf property.

(2.) The case of the applicants/original defendants 1 to 3 is that the original defendants 1 to 3 are the legal heirs of late Nawabzada Nawab Ali Khan, who was the absolute owner of the immovable property measuring a total extent of 3.68 acres. The said Nawab Ali Khan was directed by the Tamil Nadu Wakf Board, by its proceedings dated 25.4.2000, to approach the Wakf Tribunal, to declare that the Suit properties are not a Wakf Property. Accordingly, the suit was filed before the Wakf Tribunal. When the matter stood thus, the 1st respondent/ original plaintiff herein filed a suit seeking permanent injunction against the original defendants 4 to 6. According to the applicants/original defendants 1 to 3, since the property is a Wakf property, Civil Court has no jurisdiction to entertain the suit. Hence, the applicants/original defendants 1 to 3 prays for rejection of the plaint in the said suit.

(3.) The first respondent/original plaintiff filed a counter affidavit contending that there is no relief whatsoever, sought against the applicants/original defendants 1 to 3 in the present suit. The captioned application is the result of collusion with the respondents 2 to 3/ original defendants 4 to 6 and hence, prayed for dismissal of the application.