SHABHAS KHAN GHORI PALLIVASAL, (HANIFEE JAMATU) SIVAKASI THROUGH ITS PRESIDENT, B. DIWAN BASHA AND ANR. Vs. D. SYED SHARFUDEEN

JUDGEMENT

(1.) The defendants who lost before both the courts below are the appellants. The respondent. filed suit O.S.No. 1068 of 1978 before the District Munsif, Sattur, for declaration and injunction and for recovery of compensation of Rs. 400, alleging as and sold the same of Rs. 400. The respondent gave a police complaint to Sivakasi Police, who advised the respondent to file a civil suit. The suit was therefore instituted.

(2.) The first appellant filed a written statement and an additional written statement and they were adopted by the second appellant. The contents of the same were as follows:

(3.) The learned Principal District Munsif, framed appropriate issues and found that the Munsif Court had pecuniary jurisdiction to try the suit, that the court fee paid was correct, that Muthulasha Sahib Thaikkal Trust had title to the suit property that the respondent was in possession of the suit property and that he was a trustee and entitled to sue. The learned District Munsif, had also found that there was no evidence to show that the suit property was a Wakf Property and Sec. 6 of the Wakf Act had no application to the facts of the case and therefore no notice under Sec. 57 of the Wakf Act was necessary. He also held that the decision in O.S.No. 87 of 1960 would not operate as res judicata and bind the first appellant. The respondent was also entitled to compensation of Rs. 400. So holding the learned District Munsif decree the suit as prayed for by his judgment and decree dated 28.1.1982.