R.DOULATH HUSSAIN KHAN Vs. TAMILNADU WAKF BOARD

JUDGEMENT

(1.) The plaintiff in the Wakf O.P is the revision petitioner is the revision petitioner before this Court. Challenge is to the fair and decreetal order passed in Wakf No. 4 of 2006 on the file of the learned Principal Subordinate Judge, Trichirappalli.

(2.) The facts in brief necessary for disposing of the Civil Revision Petition are as follows: The plaintiff claims to be the hereditary Muthavalli of Hussain Masthan Dargah situated in S.F.No.569/1, Manapparai within the property in which mosque is situated and Kabrasthan as well. The Dargah is very ancient and dates back to roughly 1000 years. The mosque is also ancient and is known as Hussain Masthan Pallivasal. It appears from the inscription on the stone embedded that it came into existence during 12th Century A.D. The plaintiff would submit that over a period of time, the mosque in question was ruined and it became dilapidated. Now the same has been renovated by collecting funds from the general public during 1999.

(3.) According to the petitioner, the Mosque and Dargah are named after His Holiness, Hazarath Husain Masthan, who is the one of the 900 followers of his Holiness, Hazarath Natharshwvali whose Dargah is situated in Trichy. The proforma report of the Jumma Mosque (which is filed under Ex.A.1) would show that the rule of succession to the office of Muthavalli is hereditary and the proforma also recognized the existence of the Mosque and Dargah in the very same survey field.