M A MOHAMED SYED Vs. A K RAHAMAN

JUDGEMENT

(1.) THIS civil revision petition has been filed against the fair and final order dated 19.11.2008 passed in I.A.No,423 of 2008 in O.S.No.108 of 2008 on the file of the Wakf Tribunal (Principal Subordinate Judge) at Cuddalore.The petitioner is the defendant in O.S.No.108 of 2008 on the file of the Wakf Tribunal (Principal Subordinate Judge) Cuddalore. The respondent filed the suit for permanent injunction on the strength of an agreement of sale. The respondent also filed an application under Order 39(1)and (2) CPC, for grant of temporary injunction restraining the respondent(petitioner) and his men from any manner interfering with his possession during the pendency of the suit. The petitioner has filed his counter.

(2.) IN the affidavit, the petitioner has stated as follows:

(3.) . Repelling the contention of the petitioner, learned counsel for the respondent would submit that even though the petitioner has disputed the execution of other documents, the original sale agreement has been categorically admitted, which provides responsibility of the petitioner to deliver the property in favour of the respondent and that a large sum has been received by the petitioner as advance. Hence he prays dismissal of the petition. It is further contended that the petitioner himself filed an application before the Wakf Board for permission to sell the property and the sale agreement is valid transaction, that there is a specific bar under Section 85(2) of Wakf Act, prohibiting the jurisdiction of the civil court, and that the suit can very well be maintained before the Tribunal.