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 time of filing the application, in accordance with the provisions of the Waqf Act, 1955.

JUDGMENT

(Prayer: Civil Revision Petition filed under Article 227 of Constitution of India, prayed to set aside the fair and decreetal order dated 08.08.2019 in IA.No.30 of 2019 in OA.No.278 of 2019 on the file of Tamil Nadu Waqf Tribunal, Chennai by allowing this Civil Revision Petition.)

1. This revision petition has been filed to set aside the order passed by the Tamil Nadu Waqf Tribunal, Chennai in IA.No.30 of 2019 in OA.No.278 of 2019 dated 08.08.2019.

2. The first respondent herein is the Applicant in OA.No.278 of 2019 on the file of the Tamil Nadu Waqf Tribunal, Chennai. He is the hereditary Muthavalli of Hasarath Syed Musthafa Sha Awlia Dharga situated at Gingee Taluk, Villupuram.

3. The learned counsel for the revision petitioners argues that the Tribunal has no right with regard to the land which belongs to the Government. Without seeking declaration, the respondents straight away filed a suit for bare injunction. Besides, they have not issued notice under Section 80 of CPC. They approached revenue officials to seek patta in the year 2019.

4. Report of the revenue officials is at page No.174 and paragraph 5 is extracted here under:

5. The order was passed by declaring that the property in survey No.59/1 to an extent of 2.69.0 hectares neither belongs to Waqf Board nor it is in enjoyment of the Waqf . Therefore, they are not inclined to issue patta. That order was challenged. Subsequently, the first respondent filed writ petition challenging the said order. The order in the writ petition is at page No.202. While disposing the writ petition, this Court directed the petitioner to file appropriate appeal before the Revenue Divisional Officer if he is having valid defence. The first respondent, so far not filed any appeal before the Revenue Divisional Officer. Instead of filing appeal, he obtained interim injunction in IA.No.30 of 2019 in OA.No.278 of 2019 before the Waqf Tribunal at Chennai, which is challenged in this revision. They filed the application stating that they are in possession of the property and they prayed for injunction against the Government officials. Accordingly, interim order was passed.

6. The revision petitioners raised objection stating that without invoking Section 80 CPC, without issuing notice to the Government, they filed application, which is not maintainable. They also raised objection that the Waqf Tribunal has no jurisdiction to try the issue since the subject land in issue is a Government poramboke. In support of his contention, he relied upon Section 40 of the Waqf Act, which reads as follows:

40. Decision if a property is Waqf property.—

(1) The Board may itself collect information regarding any property which it has reason to believe to be Waqf property and if any question arises whether a particular property is Waqf property or not or whether a Waqf is a Sunni Waqf or a Shia Waqf it may, after making such inquiry as it may deem fit, decide the question.

(2) The decision of the Board on a question under sub-section (1) shall, unless revoked or modified by the Tribunal, be final.

(3) Where the Board has any reason to believe that any property of any trust or society registered in pursuance of the Indian Trusts Act, 1882 (2 of 1882) or under the Societies Registration Act, 1860 (21 of 1860) or under any other Act, is Waqf property, the Board may notwithstanding anything contained in such Act, hold an inquiry in regard to such property and if after such inquiry the Board is satisfied that such property is Waqf property, call upon the trust or society, as the case may be, either to register such property under this Act as Waqf property or show cause why such property should not be so registered: Provided that in all such cases, notice of the action proposed to be taken under this sub-section shall be given to the authority by whom the trust or society had been registered.

(4) The Board shall, after duly considering such cause as may