This revision petition is directed against the order on

preliminary issue in O.S.No.16/2018 whereby the Tribunal

came to be conclusion that the suit is not maintainable

and as such dismissed the suit.

The brief facts are as below:

The revision petitioner who was the plaintiff before

the Tribunal, contended that it is a Darga notified as a

Waqf Institution under a Gazette Notification of the

Karnataka State Board of Waqfs of Ballari District. It is

stated that the Syed Shah Mustafa Quadri is the

descendant

of

Sufi

Diwan-E-Peer,

Sajjada

Naseen,

successor and mutawalli of the plaintiff institution and the

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said institution is in existence since more than 100 years.

It was contended that the suit lands are attached to the

plaintiff Waqf Institution and

the Institution

is in

possession, occupation and enjoyment of the suit lands.

The plaintiff also contended that his Holiness late Hazarat

Syed Shah Neyamutallah Quadri has rendered services as

Sajjada Nasheen and Mutawalli of the plaintiff Institution

for more than 50 years. He did not have any avocation,

business or properties of his own and he did not have

individual source of income. It is contended that the lands

in