LAWS(TLNG)-2019-7-51

SYED HADI ALI MOOSAVI Vs. SYEDA TAQUIA MOOSAVI

Decided On July 25, 2019
Syed Hadi Ali Moosavi Appellant
V/S
Syeda Taquia Moosavi Respondents

JUDGEMENT

(1.) This Revision is filed challenging the order dt.19.06.2019 in OS(SR).No.1327 of 2019 of the Telangana State Wakf Tribunal, Hyderabad rejecting the plaint filed by the petitioner as not maintainable, under Order VII Rule 11 CPC.

(2.) Petitioner herein filed the said suit under Section 83 of the Wakf Act, 1995 (for short 'the Act') for the following reliefs: "

(3.) Petitioner contended that he is son of Joint Mutawalli of the above Ashoor Khana i.e., Dargah, which was founded more than 500 years back and contended that it is a Shia Wakf. He contended that he is an 'interested person' under Section 3(K) of the Act; that the total extent of the Ashoor Khana is more than 1400 sq. yards; that 2nd defendant without any sanction or approval from the Greater Hyderabad Municipal Corporation and other authorities has demolished old structures, usurped the dismantled wood, iron antiques and stones, and in collusion and connivance with neighboring builder, gave away access passage land and adjoining western side part of the property to respondents 4 to 6/defendants 4 to 6, who are neighbours, without any power vested in him and without obtaining any sanction from the Wakf Board; and that the 2nd respondent is proceeding with unauthorized construction in an illegal manner.