C S PEERAN SAHIB Vs. STATE WAKF BOARD

JUDGEMENT

(1.) THIS second appeal arises out of a suit filed by the appellant for a declaration that the proceedings dated 9-2-1959 and 26-3-1959, of the respondent, State wakf Board, requiring the appellant to have the suit Durga and its properties registered, to (submit?) accounts, udgets and returns and threatening prosecution and imposition of penalties otherwise than the Wakf Act are void, illegal and without jurisdiction.

(2.) BOTH the courts below have held that the Wakf Board has got jurisdiction to ask the appellant to have the suit Durga registered and to send the accounts and budgets. Hence the second appeal by the aggrieved plaintiff. It is necessary to state a few facts that led to the filing of the suit.

(3.) IT is common case that the properties set out in the plaint and situate at Killai, chidambaram Taluk, were originally granted by the Nawab to the predecessors-intitle of the appellant. There were other disputes with which we are not concerned now. Finally, a scheme was framed in O. S. No. 10 of 1909 on the file of the Sub court, Mayuram, according to which trustees were appointed for the suit properties and provisions were made for their management. According to the scheme, the appellant has been sending the budget on the 15th March of every year and had the accounts audited by an auditor appointed by the court. The appellant contends that when a validly framed scheme is in force, the Wakf Board cannot take proceedings under the Wakf Act and call upon the Mutavalli to get the durga and its properties registered and to send accounts and budgets and returns to it.