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S. SOUNTHAR
R. K. Madhavan – Appellant
Versus
Thulukan Chatram Charities Trust, Rep by its Muthavalli, Ameenuddin Abdul Hasan, Tiruvallur – Respondent
JUDGMENT
(Prayer: Civil Revision Petition filed under Article 227 of Constitution of India, r/w Section 83(a) or Waqf Act, against the judgment and decree dated 30.11.2021 in O.S.No.53 of 2019 on the file of Tamil Nadu Waqf Tribunal, Chennai.)
This Revision is filed challenging the judgment and decree passed by Wakf Tribunal granting declaration that order passed by the 3rd respondent dated 04.07.2016, ordering registration of the land measuring 0.00.5 hectares (60ftx56ft) in S.No.97B/3F of Naravarikuppam Village, Madavaram Taluk in the name of revision petitioner is null and void and not binding upon 1st respondent.
2. The first respondent is a Trust called Thulukkan Chatram Charities Trust administered by Mutawalli. It filed a suit for declaration that the order dated 04.07.2016 passed by the 3rd respondent is null and void and not binding upon it. According to the first respondent, originally it was the owner of property described in the plaint in S.No.97B/3F under Inam title deed T.D.1709. After coming into force of Minor Inam Abolition Act 30/63, Inam patta was granted in patta No.197 in favour of first respondent by Settlement Tahsildar, Chengalpet, by his order dated 22.04.197
The patta granted under the Minor Inam Abolition Act attains finality, and no patta can be granted to another party without legal basis.
The court emphasized that land designated for maintenance of a tomb does not qualify as wakf property without evidence of its use for religious purposes.
The key legal principle established in the judgment is that the grant of interim injunction by the Waqf Tribunal must be based on the plaintiff's establishment of possession of the property at the ti....
The court ruled that to obtain ryotwari patta under the Tamil Nadu Minor Inams Act, the claimant must demonstrate pre-existing ownership rights, which were not established in this case.
The property was determined to be Wakf, with sales executed without the Wakf Board's sanction declared void, affirming the Muthavalli's right to maintain the suit.
The main legal point established in the judgment is that once the Settlement Officer's order reached finality, issuing Patta for the same land on different grounds is not sustainable in the eye of la....
The jurisdiction of civil courts to adjudicate title claims is not ousted by administrative proceedings under the Inam Abolition Act, and the rejection of a plaint must be based solely on the plaint'....
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