AKBAR ALI Vs. MARIA KANAGARAJ

JUDGEMENT

(1.) The plaintiff in this civil revision petition has impugned the Judgment and Decree, dated 23.02.2006, passed in O.S. No. 121 of 2002, on the file of the Principal Sub Court, Wakf Tribunal, Tirunelveli.

(2.) The suit has been laid by the plaintiff for declaration, possession, damages and mesne profits.

(3.) The case of the plaintiff, in brief, is that the suit property was a minor inam land granted to the plaintiff - Mosque and after the inam abolition, Patta had been granted to the plaintiff - Mosque by the Settlement Tahsildar, Kovilpatti and thus, the plaintiff - Mosque is entitled to the suit property and the first defendant, without any entitlement to the suit property, trespassed into the same during 1993 and put up a house thereon and therefore, the plaintiff - Mosque issued a notice, on 22.10.1996, calling upon the first defendant to vacate and hand over the possession. The first defendant though received the notice, did not care to send any reply nor comply with the request made in the notice and hence, the suit.