MOHAMMAD QUTUBUDDIN Vs. M MALLA REDDY

JUDGEMENT

(1.) This Tr. civil miscellaneous petition is filed seeking transfer of O.S. No.71 of 1995 on the file of Junior Civil Judge, Chevella to the Wakf Tribunal at Hyderabad to be tried along with O.S. No. 122 of 2003 pending in that Tribunal.

(2.) The first respondent filed O.S. No.71 of 1995 in the Court of Junior Civil Judge, Chevella against the petitioner (Defendant No.3) and Respondents 8 to 14 herein for the relief of perpetual injunction, in respect of Ac.2.31 guntas of land in Survey No.242 of Dhobipet, Shankarpally Mandal, Ranga Reddy District. The petitioner contends that the property, which is the subject-matter of that suit, belongs to the Wakf and with the constitution of the Wakf Tribunal, under the provisions of the Wakf Act, 1995 (for short 'the Act'), it is to be transferred to the Tribunal. A further contention is raised to the effect that the Mutavalli of the Wakf viz., Shabbir, the younger brother of the petitioner herein, filed O.S. No. 122 of 2003 before the A.P. Wakf Tribunal, Hyderabad, in respect of the same property, duly impleading Respondents 3 and 4 herein, and to avoid conflicting decisions, the suit needs to be transferred.

(3.) Sri K. V.N. Bhupal, learned Counsel for the petitioner, submits that the suit schedule land in O.S. No.71 of 1995 was notified as Wakf Property in the Gazette dated 16.2.1989 and despite the same, Respondents 1 to 4 claim it to be their patta land. Placing reliance upon Sections 7 and 83 of the Act, as well as a decision rendered by this Court in T. Shivalingam v. A.P.Wakf Tribunal, Hyderabad and others, 1999 (3) ALD 646, he submits that not only the suit deserves to be transferred to the Wakf Tribunal, but also the jurisdiction of the Civil Court is ousted under Section 85 of the Act.