P PATTU AMMAL (DIED) Vs. JANNAH MOSQUE, KUMBAKONAM

JUDGEMENT

(1.) The civil revision petitioner, the defendant in the suit, is a tenant of the Waqf, the plaintiff/respondent in CRP.

(2.) A suit was filed by the Waqf in W.O.P.No.4 of 2001 on the file of the Waqf Tribunal-cum-Principal Sub-Court, Thanjavur. The prayer in the suit was for a decree in favour of the plaintif / respondent waqf directing the defendant / revision petitioner to vacate and handover possession of the suit premises within a time frame or directing delivery through process of Court. The suit was contested by the petitioner herein and a judgment and decree dated 20.07.2006 passed by the Waqf Tribunal in favour of the Waqf, as against which the present CRP has been filed.

(3.) Though various grounds have been raised by the petitioner challenging the order of the learned Subordinate Judge dated 20.07.2006, the sole ground canvassed before me is that the Tribunal did not have requisite jurisdiction to have entertained the matter as it was not maintainable before it. Reliance is placed on the judgment of the Supreme Court in the case of Ramesh Gobindram (Dead), through Lrs. v. Sugra Humayun Mirza Waqf, (2010) 8 SCC 726.