ORDER :

Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India as against the order and decreetal order in O.S. No. 53 of 2004, on the file of the Wakf tribunal cum Sub-Court, Udagamandalam and dated 09.01.2008.

1. This Civil Revision Petition has been filed as against the order and decreetal order in O.S. No. 53 of 2004, on the file of the Wakf tribunal cum Sub-Court, Udagamandalam, dated 09.01.2008, thereby directed to decree the suit as prayed for.

2. The respondents 1 to 8 herein are the plaintiffs in the suit filed by them in O.S. No. 53 of 2004 for declaration and consequential injunction in respect of the suit properties.

3. The case of the plaintiffs is that they had encroached into the suit property which is Government Poromboke, as landless labourers in or about the years 1976. They have been paying B Memo charges to the Tamil Nadu Government and their encroachment has been recognized and the Government has promised to consider their request for issuance of patta. While being so, the petitioner herein informed to the plaintiffs that the suit property belong to the Wakf and also asked them to vacate the premises. Therefore, the plaintiffs issued notice dated 23.01.2003 to the petitioner herein and the same was duly received by them. Thereafter, the first defendant in the suit issued notice dated 20.06.2003 to all the plaintiffs and others, thereby called upon them to submit their explanation as to why they should not be evicted from the suit property under Section 54(1) of the Wakf Act. All the plaintiffs submitted their explanations and also raised their protest as against the said notice. The plaintiffs also appeared before the first defendant, on 10.02.2004. Thereafter, on 19.04.2004 an order was passed to evict the plaintiffs, within a period of 15 days from the date of receipt of the order. The further case of the plaintiffs is that the suit property does not belong to the Wakf and the defendants have no right over the property to issue notice or to pass any orders. The plaintiffs are in continuance and long possession of the suit property for a period of 26 years and the suit property is Government Poromboke and they are paying B Memo charges. Therefore, they filed a suit for declaration in respect of the suit property and also for a consequential injunction.

4. Resisting the same, the defendants filed their written statement stating that the suit property belong to the third defendant Wakf and it is notified Wakf property coming under the control and superintendence of the first defendant. Therefore, the question of paying any B Memo charges in respect of the Wakf property to the Government, recognizing the alleged encroachment on the side of the plaintiffs does not arise. They have no semblance of right over the property, since it belong to the Wakf and their claim is nothing but mala-fide and an illegal one. The defendants are taking necessary action as contemplated under the Wakf Act for eviction of encroachers like plaintiffs. Even after passing the order of eviction, the plaintiffs, without challenging the said order simply filed a suit for declaration and injunction. Therefore, the suit itself is not maintainable. Further, it is a Wakf property and as such they ought to have issued notice under Section 89 of Wakf Act.

5. On the side of the plaintiffs, they had examined PW-1 and marked Exs.P1 to 6. On the side of the defendants they had examined DW-1 to 3 and marked Exs.D1 to 7. The Court had marked Exs.C1 to 3. Considering the oral and documentary evidences, the Trial Court allowed the suit as prayed for. Aggrieved by the same, this present Civil Revision Petition.

6. The learned counsel for the petitioner would submit that the suit property is a Wakf property. Therefore, the statutory notice is mandatory as contemplated under Section 89 of Wakf Act. Admittedly, the plaintiffs failed to issue any notice to maintain the suit. When the Wakf passed an order of eviction, without challen