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IN THE HIGH COURT OF JUDICATURE AT MADRAS
A.D.JAGADISH CHANDIRA
M.Javid Ali – Appellant
Versus
Collector, Villupuram District – Respondent
ORDER :
A.D. JAGADISH CHANDIRA, J.
Aggrieved against the order passed by the Tamil Nadu Wakf Tribunal at Chennai in rejecting the suit in O.S.No.30 of 2022 by the fair and decreetal order dated 19th September 2023 passed in I.A.No.49 of 2023, and seeking restoration the same, the plaintiff has come forward with the present civil revision petition.
2. Brief facts of the case:-
i) The petitioner/plaintiff had filed the suit seeking a declaration that suit A and B schedule properties are the waqf properties and the same absolutely belong to the plaintiff waqf and for grant of permanent injunction restraining the defendants in any manner interfering with the plaintiff's peaceful possession and enjoyment of the suit properties contending as under:-
a) The plaintiff is the Hereditary Muthawali of the Hazarth Syed Mustaffa Sha Aulia Dargha and Sirukadambur Dargha Waqf(a) Hazarth Khaja Fathesha Mohamed Dargja Waqf. The waqf is notified by the Tamil Nadu Waqf Board under Registration nos.200 and 201 of 2000.
b) The object of the waqf being pious, religious and charitable one to feed the poor and needy people, some properties had been dedicated for the upkeep and maintenance of the Dargha. The waq
The rejection of a plaint for lack of cause of action must be substantively justified; merely asserting lack of merit without proper consideration of presented evidence is insufficient.
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 ti....
Expression ‘waqf by user’ finding place in Section 3 (r) (i) of the Act is a defined expression and is not qualified by any word to suggest that it has to be of immemorial user, the Court would have ....
The main legal principle established is that the jurisdiction of the Civil Court, Revenue Court, and other authorities in respect of any dispute relating to a waqf property is barred by Section 85 of....
(1) In a Revision Petition scope of consideration is limited and judgment/order under challenge can be interfered only in event of there being perversity seen on face of order and if conclusion reach....
Disputes regarding Wakf property must be addressed solely by a Wakf Tribunal, not by civil courts, as observed under Section 85 of the Wakf Act, reinforcing prior court rulings.
The jurisdiction for disputes concerning Wakf properties lies exclusively with the Wakf Tribunal, not civil courts, reinforcing the necessity for timely legal action under the WAKF ACT.
The importance of truthfulness and full disclosure in legal proceedings.
Point of Law : The definition of the word ‘encroachment' under Section 54 of the Wakf Act and in para.7 to 12 defined the word ‘encroacher' and the power of Wakf Board under Section 54 of the Wakf Ac....
Wakf properties – Jurisidction of wakf tribunal - merely because the present petitioner as defendant No.1 appears to have participated in the proceedings and contested the suit before the Tribunal, b....
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