JAYAGOPAL AND COMPANY REP BY ITS PARTER JAYAKUMAR Vs. MYDEEN PUBLIC CHARITABLE TRUST KUMBAKONAM REP BY ITS TRUSTEE

JUDGEMENT

(1.) The civil revision petition is directed against the fair and decreetal orders, dated 10.08.2009, passed in I.A.No.23 of 2006 in O.S.No.69 of 2003, on the file of the I Additional District Munsif Court, Kumbakonam.

(2.) The respondent has laid the suit against the revision petitioner in O.S.No.69 of 2003, for recovery of possession, arrears of rent and future mesne profits. The abovesaid suit has been resisted by the revision petitioner by filing the written statement. It is seen that pending the abovesaid suit, the revision petitioner had chosen to prefer an application in I.A.No.23 of 2006, under Order XIV Rule 2 and Section 151 of the Code of Civil Procedure and Sections 85, 87 and 90 of the Wakf Act, 1995.

(3.) Briefly stated, according to the revision petitioner, in the abovesaid application, the plaintiff had admitted that the suit property is a trust property and the plaintiff Trust is a public Trust and also furnished the Trust Deed and also admitted that the suit property had been acquired for endowing the same to the Trust and the witness examined on behalf of the respondent had also tendered evidence with regard to the same and thereby, contended that the suit property being the wakf property and accordingly, the respondent Trust also coming within the fold of the wakf and is governed by the Wakf Act, 1995 and accordingly, as per the Wakf Act, 1995, the respondent Trust should have been registered and without registration, not entitled to lay the suit for claiming the reliefs and on that basis, the respondent's suit is not maintainable and furthermore, contended that inasmuch as the suit property, being the wakf property and governed by the Wakf Act, 1995, the suit laid by the respondent in the Civil Court is not maintainable and the respondent should have instituted the suit only before the Wakf Tribunal, and thereby, contended that the suit laid by the respondent in the Civil Court is not maintainable and the respondent should have issued a notice to the Wakf Board before instituting the suit and on that ground also, the suit laid by the respondent is not maintainable and inasmuch as the Civil Court has no jurisdiction to entertain the suit and only the Wakf Tribunal is empowered to decide the respondent's suit, praying for the determination of the abovesaid issue as a preliminary issue had come forward with the application.