MOHIDEEN BASHIR OULIYA THAIKA Vs. THAKADI EKIYA

JUDGEMENT

(1.) The revision Petition has been filed under Section 83(9) of the Wakf Act,1995 r/w Article 227 of the Constitution of India against the judgment and decree passed by the Wakf Tribunal(Principal Sub-Court),Tirunelveli, in O.S.No.378 of 2010, dated 21.10.2011.

(2.) The Petitioner is the plaintiff in the suit. The Petitioner filed the suit before the Court below against the respondent claiming for the relief of permanent injunction. It is the case of the Petitioner that the suit properties belong to the Petitioner Thaika and that the right and title of the Petitioner has already been upheld by this Court in S.A.No.1758 of 1968 by judgment and decree, dated 23.09.1970 and that the respondent without any right over the property in his individual capacity, is attempting to interfere with the possession and enjoyment of the property.

(3.) The respondent took a plea that the Petitioner does not have any right over the suit property and the earlier judgment that was passed in the Second Appeal has categorically held that the Thaika does not have the right over the vacant land and therefore the Petitioner is bound by the said judgment. The respondent has taken a further plea that the Petitioner has never been in enjoyment of the suit property and the property absolutely belongs to the Pallivasal and it is being used by the worshippers, who come to the Pallivasal.