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.

JUDGMENT :

The above Special Tribunal Appeal and Civil Revision Petitions are filed against the Common order passed by the Inam Estate Abolition Tribunal ( Sub-Judge) Tiruchirapalli, vide order dated 23rd of January 2006.

2.The land totally measuring 15.80 acres in Sevvallur Village, Manapparai Taluk, Tiuchirappalli District, is the subject matter of the dispute.

3.The said land earlier classified as inam land in the Fair Inam Register for the Title Deed No.1385. After abolition of minor inams as per Act 30 of 1963, the Assistant Settlement Officer Suo motu conducted enquiry and granted patta to Hussain Mustan Pallivasal, Manapparai, vide order dated 28.03.1969. The same was challenged by Noorkhan before the Special Tribunal and he partially succeeded. The tribunal, in the order dated 30.01.1988, cancelled the patta granted to Hussain Mustan Pallivasal. The matter was remanded back to the Assistant Settlement Officer, for fresh consideration. Accordingly, the Assistant Settlement Officer conducted fresh enquiry and granted patta to Noorkhan under section 8(1) of the Tamil Nadu Minor Inams (Abolition and Conversion into Ryotwari) Act, 1963(hereinafter referred to as the 'Act). Aggrieved by the order of the Assistant Settlement Officer, one Mr.Mohammed Hussain, as a person interested in Hussain Mustan Pallivasal, challenged the grant of patta to Noorkhan, in C.M.A.No. 1 of 1989 before the Special Tribunal for Inam Abolition Act at Trichy. Pending appeal, in respect of the same property, two declaration suits were filed and they were transferred to the Tribunal and numbered as Wakf O.P.No.6 of 2000 (filed by the Tamilnadu Wakf Board to declare the property as Wakf property and consequential injunction) and Wakf O.P.No. 7 of 2000 (filed by Noorkhan, Velayutham and Mohammed Ismail to declare the sale of the property valid and consequential injunction). In addition, the Appeal Suit in A.S.No.67 of 1992 against the dismissal of O.S.No.169 of 1991 between Muthavalli of Hussain Musthan Pallivasal and Noorkhan, in respect of the same property was also taken up together and disposed of by the Tribunal in the common order dated 23.01.2006.

4.The Tribunal held that the grant of inam for Alikhan as Manager of Hussain Masthan Tomb was for religious purpose. The Wakf Board though have ostensible right in the property, they have no locus to maintain the suit for declaration without prior notification of the property, as per the provisions of the WAKF ACT . The order of the Assistant Settlement Officer granting patta in the personal name of Noorkhan behind the back of the representatives of Hussain Mustan Pallivasal is bad. The Title Document and Inam Fair Register indicates that the land was donated to maintain Hussain Masthan tomb. Hence, the order of the Settlement Officer granting patta under section 8(1) of the Act to Noorkhan, was set aside and the C.M.A.No.1 of 1989 preferred by Hussain Musthan Pallivasal was allowed.

5. In Wakf O.P.No.6 of 2000, the original petition filed under the WAKF ACT by the Tamilnadu Wakf Board for declaration and consequential injunction, the Tribunal disposed it with liberty to the Wakf Board to work out the remedy after notifying the subject land under sections 4, 5, 6 and 27 of the WAKF A