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2021 Supreme(Mad) 1490

G.K.ILANTHIRAIYAN
A. N. Mohammed Ali – Appellant
Versus
Sheik Abdul Khader – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Chitra Sampath for T.S. Baskaran, N.A. Nissar Ahmed.
For the Respondents: N.A. Nissar Ahmed, Chitra Sampath for T.S. Baskaran.

ORDER :

1. The Civil Revision Petition in CRP (NPD) No. 2389 of 2014 is directed as against the order passed in MP No. 288 of 2013 in RCOP No. 1127 of 2012 on the file of the XI Small Causes Court, Chennai dated 21.01.2014 thereby allowed the petition as RCOP is not maintainable filed by the petitioners herein. The petitioners are landlords in respect of the petition premises. They filed petition for fixation of fair rent. While pending the main petition, the first respondent filed petition to decide the preliminary issue of maintainability of main RCOP as it is exempted from the provisions of Rent Control Act. The respondent contended that the petition premises is wakf property belonging to Madrase Bakhiyathus Salihat, a wakf bearing Registration No. G.S. No. 423 under the supervisory control of Tamil Nadu Wakf Board. While being so, the petitioners have purchased the said property under the sale deed dated 10.03.2011 and it is violation of Section 51 of Wakf Act, 1995 and as such the sale itself is void ab initio. It was allowed and the main petition itself is held as not maintainable before the Rent Controller.

2. M/s. Chitra Sampath, the learned Senior Counsel appearing for the p

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