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2023 Supreme(Mad) 3199

V. LAKSHMINARAYANAN
Ahale Sunnathwal Jamath Jogi Madam, Majid & Durga Gudiyattam, Represented by its duly appointed Muthavalli S. A. Rahim – Appellant
Versus
Haji Syed Irfan Hussain Sahib (Died) – Respondent


For the Petitioner:P.V. Balasubramaniam, Senior Counsel for K.M. Aasim Shehzad, Advocate. For the Respondents:R9 to R13, B. Tamil Nidhi, Additional Government Pleader (CS), R1, R3 to R6, R14 to R18 & R20 to R23, N. Manokaran, R2, S. Vijayakumar, R8, Mohammed Fayaz Ali, R19, P.A. Sudesh Kumar, Advocates.

JUDGMENT

(Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India to set aside the judgment and decree dated 17.02.2016 passed by the Hon'ble Wakf Board Tribunal/Subordinate Judge, Vellore, Vellore District in O.S.No.220 of 2008 and consequently allow the aforesaid O.S.No.220 of 2008.)

1. This Civil Revision Petition arises against the judgment and decree of the Wakf Board Tribunal cum Subordinate Judge at Vellore in O.S. No.220 of 2008 dated 17.02.2016.

S.No.

Sub Headings

Paragraph Nos.

1.

Plaint

4 to 9

2.

Written Statement filed by the eighth

Defendant

10 to 11

3.

Written statement filed by the 9th

Defendant

12

4.

Gist of the written statement filed by the

20th defendant

13

5.

Judgment of the Trial Court

14 to 17

6.

Submissions

21 to 28

7.

Scope of Revision under Section 83(9) of

the Waqf Act, 1995

29 to 33

8.

Scheme of Waqf Act

34 to 49

9.

Whether notice is necessary under Section

89 of the Waqf Act, 1995

50 to 56

10.

Whether the documents dated 16.10.1946

and 07.07.1931 have a bearing on the title

of the suit property

57 to 63

11.

Whether a suit can only be filed by the

Wakf Board

64 to 74

12.

Whether the plaintiff Ahale Sunnathwal

Jamath Jogi Madam Masjid and Durga

Gudiyattam is different from Jog

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