P.R. Shivakumar, J.

The plaintiff in O.S. No. 1946/2015 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 05.05.1999 registered as Document No. 856/1999 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, 15.01.2015 and 23.02.2015 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 05.05.1999. The revision petitioner herein/plaintiff filed an application in I.A. No. 5336/2015 under Order 39 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. 5336/2015 in O.S. No. 1946/2015 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. 3207 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 3360 sq.ft. bearing Plot No. 20, Door No. 477, Anna Salai, Chennai - 35 within specified boundary, by virtue of a registered lease deed dated 05.05.1999 registered on the file of Sub Registrar, T. Nagar, as document No. 856/1999 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. 400/- 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 one Abdul Halim Khan under a registered Lease Deed dated 19.10.1963 bearing document No. 3199 of 1963 on the file of SRO, T. Nagar, Chennai and he in turn transferred his leasehold right in favour of P. Murugan, the father of the petitioner herein under a Deed of Transfer of Lease dated 05.02.1968 bearing document N