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2022 Supreme(Mad) 3869

N. SESHASAYEE
S. N. M. Ubayadullah – Appellant
Versus
Hazarath Serya/Shamiyan Saqqaf Thaikkal, Thanjavur by its Senior Trustee Syed Moin Ahmed, Rep: by his Power Agent Syed Matheen Ahamed Saqqat – Respondent


Advocates Appeared:
For the Petitioner: Mr. V. Raghavachari for Mr. V.R. Shanmuganathan.
For the Respondent: Mr. P. Sesubalan Raja.

ORDER :

(Prayer: Civil Revision Petition is filed under Section 83(9) of the Wafk Act, 1995, against the judgment and decree dated 04.04.2012 made in Wakf Original petition (W.O.P) No.3 of 2006 by the Principal Subordinate Judge, the Wakf Tribunal, Thanjavur.)

1. This revision is preferred by the respondent/tenant in W.O.P. 3/2006 on the file of the Waqf Tribunal (Principal Sub Court), Thanjavur, challenging the order of the Tribunal dated 04-04-2012 directing the petitioner/tenant to surrender vacant possession of the property on the ground of lack of inherent jurisdiction in the Tribunal to entertain the petition for eviction.

The Pleadings:

2.1 The petition:

    - A plot measuring 162.5 ft x 102 ft, in T.Sy.65 of Tanjavur Town belonged to the respondent Thaikkal. It is a waqf registered with the Waqf Board. Ext.P-4 is the statutory proforma.

- On 20-08-1988 vide Ext.P-1, the aforesaid property was leased by it to the petitioner. The terms of the lease provided that the petitioner should put up a construction within one year from the date of the lease expending not more than Rs. 6.50 lakhs. The lease term was fixed at 40 years, and monthly rent payable was fixed for every ten years with an

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