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2016 Supreme(Mad) 707

IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.R. SHIVAKUMAR, J.

Amthul Azeez Fathima - Petitioner
vs.
Nawab Fazeelathunnissa Begum Sahiba Mosque and Endowment (Wakf) Represented by its President/ Managing Committee Mr. Md. Nayeemur Rahman – Respondent
C.R.P (PD) No.3165 of 2015 & M.P.No.1 of 2015
Decided on : 17-03-2016

Advocates:
Advocate Appeared:
For the Petitioner: Mr.S.Sadasharam
For the Respondent: Mr.N.A.Nissar Ahmed

Headnote:

Wakf Act, 1995 - Section 56 - Constitution of India,1950 - Article 227 – Civil Procedure Code,1908 - Order XXXIX Rules 1 and 2 - Injunction sought - Demand and termination notices - Declaration that lease agreement - Revision petitioner herein/plaintiff filed an application in I.A. under Order XXXIX Rules 1 and 2 Civil Procedure Code of praying for an interim injunction along with plaint - Respondent (wakf)/defendant on entering appearance in suit resisted said application contending that suit itself was not maintainable and hence the injunction sought for could not be granted. After hearing both sides learned trial Judge, by order negative claim of interim injunction and dismissed I.A. O.S pending on file of First Assistant Judge City Civil Court - Questioning legality of the said order, the revision petitioner plaintiff in said suit has brought-forth this Civil Revision Petition invoking the power of superintendence of this court under Article 227 of Constitution of India - Held, learned Trial Judge on proper appreciation of facts and law came to conclusion that petitioner/plaintiff did not have prima facie case that balance of convenience also did not lie in favor of petitioner/plaintiff and on other hand it did lie in favor of respondent/defendant and that hence petitioner/plaintiff was not entitled to relief of interim injunction as sought for - In an interlocutory application for interim injunction court shall consider prima facie nature of case of person seeking interim injunction and also weigh balance of convenience of both parties by assessing expected impact on rights of the parties in case of grant of interim injunction and in case of non-granting of such injunction - Civil Revision Petition is dismissed.

ORDER :

The plaintiff in O.S.No.1945/2015 pending on the file of the learned First Assistant Judge, City Civil Court (Wakf Tribunal), Chennai is the petitioner herein. The defendant (wakf) in the said suit is the respondent herein. The above said suit was filed by the petitioner herein for : (1) a declaration that the lease agreement dated 04.12.1997 registered as Document No.88/1988 on the file of the Sub Registrar, T.Nagar and the terms and conditions contained therein with respect to the suit property are binding on the respondent herein/defendant; (2) a declaration that the demand and termination notices dated 28.11.2014 and 22.01.2015 issued by the respondent herein/defendant are illegal, invalid and void; and (3) a permanent injunction restraining the respondent herein/defendant from interfering with petitioner's/plaintiff's peaceful possession, occupation and enjoyment of the suit property.

2. Admittedly, the suit property is a wakf property owned by the defendant (wakf) and the petitioner/plaintiff claims right under a registered lease deed dated 04.12.1997. The revision petitioner herein/plaintiff filed an application in I.A.No.5342/2015 under Order XXXIX Rules 1 and 2 of CPC praying for an interim injunction along with the plaint.

3. The respondent (wakf)/defendant (wakf), on entering appearance in the suit, resisted the said application contending that the suit itself was not maintainable and hence the injunction sought for could not be granted. After hearing both sides, the learned trial Judge, by order dated 28.04.2015, negatived the claim of interim injunction and dismissed I.A.No.5342/2015 in O.S.No.1945/2015 pending on the file of the First Assistant Judge, City Civil Court (Wakf Tribunal), Chennai. Questioning the legality of the said order, the revision petitioner Ms.Amthul Azeez Fathima/plaintiff in the said suit has brought-forth this Civil Revision Petition No.3165 of 2015 invoking the power of superintendence of this court under Article 227 of the Constitution of India.

4. Notice before admission was given and the respondent (wakf) has entered appearance through a counsel. The learned counsel for the petitioner and the learned counsel for the respondent in the revision submitted that arguments on merit could be heard and an order on merit in the civil revision petition could be passed at the time of admission itself. Accordingly, the arguments advanced by Mr.Sadasharam, learned counsel for the petitioner/plaintiff and by Mr.N.A.Nissar Ahmed, learned counsel for the respondent/defendant (wakf) were heard. Certified copy of the impugned order of the trial court, copies of the pleadings made before the trial court produced and copies of all other documents produced in the form of typed set of papers were perused and this court paid its anxious consideration to the above said arguments and the documents.

5. Admittedly, the suit property belongs to the respondent (wakf). The revision petitioner/plaintiff claims to be lessee in respect of the suit property, namely a land measuring 480 sq.ft. bearing Plot No.7/A3, Door No.422/1, Anna Salai, Chennai -35 within specified boundary, by virtue of a registered lease deed dated 04.12.1997 registered on the file of Sub Registrar, T.Nagar, as document No.88/1998 executed by the then Executive Trustee of the respondent (wakf) in favour of the petitioner herein/plaintiff for a period of 50 years which shall end on the 31st day of December, 2046, for a monthly rent of Rs.150/-only.

6. It is the contention of the petitioner/plaintiff that the said lease was granted in recognition of the earlier lease granted in favour of the petitioner's late mother Zaheerunnisa Begum Sahiba under a registered Lease Deed dated 22.01.1960 registered as Document No.142/1960 on the file of the Sub Registrar, T.Nagar, Chennai, which gave a right to the lessee therein to apply for extension of lease. The petitioner's/plaintiff's application for extension of the lease for 99 years was considered an















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