SHAMEEM SULTHANA Vs. SYED IBRAHIM QUADRI

JUDGEMENT

(1.) This revision petition is directed against the order, dated 27.11.2007 in I.A. No. 871 of 2007 in O.S. No. 211 of 2007 passed by the Junior Civil Judge, Gajwel, whereby the petition filed by the Petitioner under Order XIV Rules 1 and 2 read with Section 151 Code of Civil Procedure has been dismissed.

(2.) The Petitioner herein is the first Defendant in the main suit. The Respondents herein filed the suit in O.S. No. 211 of 2007 against the Petitioner herein and another, seeking perpetual injunction, contending, inter alia, that the Respondents herein are the absolute owners and possessors of the suit schedule property and the Petitioner herein and the second Defendant in the suit have been interfering with their possession and enjoyment of the suit schedule property. Their specific case is that Syed Bhakar Hussain Quadri had three sons, namely, Syed Khaja Gulam Mohiuddin Quadri, Syed Zainullabaddin Quadri, Syed Jaffar Pasha Quadri and that Syed Khaja Gulam Mohiuddin Quadri was the owner and pattadar of the land in S. No. 521 to an extent of Ac 1.11 guntas situated at Gajwal Town, Revenue Mandal, Medak District,(herein after referred to as 'suit schedule property') and after the death of Syed Khaja Gulam Mohiuddin Quadri, the father of the Plaintiff and Syed Jaffar Pasha Quadri succeeded to the said property. It is also their case that the Plaintiff and his brothers succeeded to the property after the death of their father Syed Zainullabaddin Quadri. Smt. Bee Shahjadee succeeded to the share of her husband Syed Jaffar Pasha Quadri.

(3.) The Petitioner herein filed a written statement and denied the claim of the Respondents herein. It is the case of the Petitioner herein that Syed Zainullabaddin Quadri has six sons and two daughters and the said Jaffar Pasha Quadri has two sons and two daughters. The further case of the Petitioner herein is that the suit schedule property belongs to Wakf Board and that the Civil Court has no jurisdiction to entertain the suit under Section 85 of the Wakf Act, 1995. It is also their case that the list of notified Wakf properties in Andhra Pradesh in Medak District clarified the same. It is also their case that the father of the first Respondent herein had earlier filed a suit in O.S. No. 179 of 1996 on the file of the Junior Civil Judge, Gajwel, Medak District, contending that the suit schedule property is a Wakf property. It is also his case that the boundaries shown by the Respondent herein are not correct and towards the western side of the suit schedule property is shown as house of Yadgiri, but there is no such house and that the Petitioner is having a house plot and vacant land to the western side of the suit land in S. No. 517 and that the Respondents herein are trying to occupy the house plot and vacant land of the Petitioner herein under the guise of falsehood and ex parte injunction was obtained by them.