ORDER :

1. This Revision is filed challenging the order dt.19.06.2019 in OS(SR).No.1327 of 2019 of the Telangana State Wakf Tribunal, Hyderabad rejecting the plaint filed by the petitioner as not maintainable, under Order VII Rule 11 CPC.

2. Petitioner herein filed the said suit under Section 83 of the Wakf Act, 1995 (for short ‘the Act’) for the following reliefs:

“1. to pass a decree of declaration that the Gift Deed bearing document No.2535/2014 dt.01.08.2014 as null and bad, and illegal, not binding on this Wakf property and consequently cancel the same;

2. to pass a decree of mandatory injunction directing the 1st and 2nd defendants to reconstruct the Ashoor Khana Dargah-e-Hazrath Abbas(A.S.) in as it is condition as the same was prior to demolition, to lay the roof of hall at an height of 15 feet from the floor of hall where the Alam of Shahzadi Sakina(S.A.) is being installed and to construct two rooms which is being used as “Nazar-o-Niyaz” rooms and for storing sacred items, and to reconstruct the Northern side wall of the said Ashoor Khana and also to recover the passage area by demolishing the new staircase made by the adjoining trespasser Abbas Tower,

3. to pass a decree of perpetual injunction restraining the respondents/defendants No.1 to 6, their men, agents etc. from interfering or dispossessing the plaintiff from the suit schedule property;

4. to declare the two un-registered documents titled as Agreement dt.01.08.2014 as null and void.

5. costs of the suit may be awarded to the plaintiff.

6. Any other or further relief or reliefs to which the plaintiff is entitled may be granted to the plaintiff.”

3. Petitioner contended that he is son of Joint Mutawalli of the above Ashoor Khana i.e., Dargah, which was founded more than 500 years back and contended that it is a Shia Wakf. He contended that he is an ‘interested person’ under Section 3(K) of the Act; that the total extent of the Ashoor Khana is more than 1400 sq. yards; that 2nd defendant without any sanction or approval from the Greater Hyderabad Municipal Corporation and other authorities has demolished old structures, usurped the dismantled wood, iron antiques and stones, and in collusion and connivance with neighboring builder, gave away access passage land and adjoining western side part of the property to respondents 4 to 6/defendants 4 to 6, who are neighbours, without any power vested in him and without obtaining any sanction from the Wakf Board; and that the 2nd respondent is proceeding with unauthorized construction in an illegal manner.

4. He alleged that the office bearers of the 1st respondent and the contractor, who is the 2nd respondent’s employee, have colluded with adjoining Developer/owner of Abbas Tower and Mutawallia i.e., 1st respondent, for monetary gain; that a passage of 25’ X 15’ at the entrance has been trespassed and grabbed by the neighbouring developer and respondents 1 & 2 have done nothing to protect the Ashoor Khana. He also alleged that the 2nd respondent reduced the height of the roof of Hall in which the Alam of Shahzadi Sakina (S.A.) has been installed contrary to the religious sacrament, feelings, and it has become very difficult to install and move the Alam which is about 11 feet in height. He has also alleged that he (the petitioner) objected to the same, but the office bearers of the 2nd respondent are asking to install the said Alam in another hall, contrary to the prevalent custom, age old practice and tradition, which makes it difficult to conveniently perform religious duty of Alam-bardars.

5. According to him, two rooms used specially as Nazar-o-Niyaz and for storing sacred religious articles and items were also demolished along with the entire Ashoor Khana, and that the 2nd respondent narrowed the open yard due to which it has become very difficult to move around the Alams, when there are thousands of devotees; that the privacy of lady devotees has also been affected; that a document No.2535/2017 was executed by 1st respondent