PASUPALA FAKRUDDIN Vs. JAMIA MOSQUE

JUDGEMENT

(1.) These applications have been filed under Section 24 of the Code of Civil Procedure by the defendants in O.S. Nos. 139 of 1999 and plaintiff in O.S. No. 77 of 1998 respectively pending on the file of the A. P. Wakf Tribunal, Hyderabad (andapos;the tribunalandapos; for brevity) for transfer of the suits from the Tribunal to any other Tribunal or Court for further trial and disposal.

(2.) O.S. No. 139 of 1999 was filed by the Jamia Mosque, B. Kothakota, Chittoor District, represented by its Muthavalii - Pagonda Mahaboob Saheb for recovery of rents from Sri Pasupula Fakruddin alias Bada Fakruddin, and one V. Basha for the period from June 199 7/08/1999 for use and occupation of wooden bunks situated on the wakf property and also for damages. O.S. No. 77 of 1998 was filed by one Mr. Pasapala Shahnawaz against two brothers by name Vadapalle Reddy Mahaboob Sab alias Peervan Sab alias Pedda Reddy Sab, Vadapalle Reddy Mahaboob Sab alias Chinna Reddy Sab, the Jamia Masjid, Santha Bazar Street, B. Kothakota, Chittoor District and the Wakf Board represented by its Executive Officer/Chairman, Hyderabad. The tribunal completed recording of evidence of the witnesses in O.S. No. 77 of 1998 in the year 2001 and the matter was posted for hearing for arguments. At that stage, the then Presiding Officer of the tribunal felt that the suits O.S. No. 139 of 1999 and 77 of 1998 are inter-related. He therefore decided to proceed with the trial in O.S. No. 139 of 1999 also. When the trial was about to take place, the Presiding Officer was transferred and his successor Sri G. S. Basha assumed the office.

(3.) The petitioners in Tr. C.M.P. No. 440 of 2002 are the defendants in O.S. No. 139 of 1999. The petitioner in Tr. C.M.P. No. 459 of 2002 is the plaintiff in O.S. No. 77 of 1998. According to them, the present Presiding Officer of the tribunal hails from B. Kothakota Village and he knows both the parties in the suits, who are also residents of B. Kothakota Village, Chittoor District. The Presiding Officer Basha has got properties in the said village and he practiced as an Advocate at Madanapalli Court. He expressed embarrassment to proceed with the trial of the suits, but proceeded with the trial in O.S. No. 139 of 1999. The petitioners contended that the counsel appearing for the plaintiff in O.S. No. 139 of 1999 and for the defendants in O.S. No. 77 of 1998 is a close friend of the Presiding Officer hailing from the same village and practiced at Madanapalli Court. The said counsel also is an Advocate for the Presiding Officer in several matters including a second appeal covered by S.A. No. 796 of 2001 pending on the file of this Court. According to the petitioners, in Tr. C.M.P. No. 440 of 2002, they filed a Memo before the tribunal on 5-9-2002 to transfer O.S. No. 139 of 1999 to any other Court or competent tribunal, but to their surprise the matter stood posted to 12-11-2002 for recording of the evidence on their behalf on payment of costs of Rs. 100/-. The petitioners contended that when there is a cloud of doubt kept in the mind of the parties, the tribunal ought have transferred the suits on its own. Since the Presiding Officer is proceeding with the trial, they have reasonable apprehension in their mind that justice will not be done to them before the present Presiding Officer of the tribunal. Hence the applications for transfer of the suits O.S. Nos. 139 of 1999 and 77 of 1998.