DISTRICT WAKF OFFICER NANDED Vs. JEELANIKHAN ROSHANKHAN

JUDGEMENT

(1.) HEARD Shri Khader, learned Counsel for the petitioner and Shri Deshpande, learned Counsel for respondent No. 1.

(2.) RESPONDENT No. 1 Jilaneekhan filed Regular Civil Suit No. 523 of 1990 in the Court of the Civil Judge, Senior Division, Nanded, for injunction against the District Wakf Officer, District Wakf Office, Station Road, Nanded, and Shaikh Ali Shaikh Imam, alleging that they, in pursuance of their conspiracy, are creating obstruction in plaintiffs possession of the suit premises, which the plaintiff had taken on monthly rent from the Wakf Board for running his pan shop. Defendant No. 1 i. e. the District Wakf Officer, filed appearance in the suit and then filed an application that the suit was not maintainable for want of notice under Section 56 of the Wakf Act, 1954.

(3.) BECAUSE of the said objection, an issue was framed. Whether the suit was tenable for want of notice under Section 56 of the Wakf Act. The said issue was heard and the learned Joint Civil Judge, Senior Division, Nanded, by his order, dated 18-12-1990, held that the suit was tenable without notice. Being aggrieved by the said order, the present revision petition is filed.