A JAHIR ALI Vs. M A SAMADUSAHIB

JUDGEMENT

(1.) Challenge in this civil revision petition is made by the revision petitioner / plaintiff to the Judgment and Decree, dated 01.11.2004, passed in O.S.No.237 of 2002, on the file of the Wakf Tribunal (Principal Sub Court), Tirunelveli.

(2.) The said suit has been laid by the revision petitioner for the reliefs of declaration and permanent injunction or in the alternative for the relief of possession.

(3.) In brief, according to the revision petitioner, the revision petitioner's Trust has been registered under the Wakf Act in the year 2002 and the revision petitioner A.Jahir Ali is the Muthavalli of the revision petitioner's Trust. The revision petitioner's grandfather Ahamed Ibrahim created the revision petitioner's Trust by way of the registered document dated 10.02.1976 and under the same, the suit properties are endowed with the Trust for performing certain obligations mandated under the Trust and according to the revision petitioner, the suit properties are being utilized only for the performance of the obligations mandated under the Trust and while creating the Trust, Ahamed Ibrahim had nominated the revision petitioner's father Mohammed Abdul Jabar as the Muthavalli and the revision petitioner's father had nominated the revision petitioner A.Jahir Ali as the next Muthavalli to succeed him by an Appointment Order, dated 20.12.1984 and on the demise of the said Mohammed Abdul Jabar on 02.01.1985, the revision petitioner A.Jahir Ali has assumed the office of the Muthavalli and discharging the obligations to be carried out under the Trust vis-a-vis the suit properties. The first defendant, who is the paternal uncle of the revision petitioner, has no right over the suit properties and not acted as Muthavalli in respect of the revision petitioner's Trust at any point of time. While so, it is the case of the revision petitioner that the first defendant had created a fraudulent Sale Deed, dated 10.01.2002, in favour of the second defendant as if the first item of the suit properties had been conveyed to the second defendant. However, the first defendant is not entitled to legally execute such a Sale Deed in respect of the suit properties and the said sale transaction is barred under the law and taking advantage of the above said fraudulent document, according to the revision petitioner, the defendants 1 and 2 attempted to evict the tenants in the occupation of the first item of the suit properties, however, they are not entitled to do so. As per Section 51 of the Wakf Act, the Sale Deed, dated 10.01.2002, is void and cannot be enforced and the defendants cannot claim any right or title over the suit properties as such under the above mentioned Sale Deed. While so, taking advantage of the above said Sale Deed, inasmuch as the defendants attempted to dispute the title of the revision petitioner's Trust over the suit properties and interfere with his possession and enjoyment of the same in the capacity of Muthavalli, according to the revision petitioner, the suit had been laid for appropriate reliefs.