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2021 Supreme(Online)(MAD) 5729

HIGH COURT OF MADRAS
Hon`ble Mr Justice G.K. ILANTHIRAIYAN
MOHAMMED RAFI – Appellant
Versus
THIRUVENGADAM – Respondent


O R D E R

This Civil Revision Petition is directed as against the judgment and decree passed in O.S.No.47 of 2010 dated 18.08.2015 on the file of the Principal Sub Court Villupuram (Wakf Tribunal), thereby, dismissing the suit filed by the petitioner for declaration to declare that the suit property belonged to the Milathe Shareef Wakf, recovery of possession and also for declaration to declare the sale deed executed in favour of the first defendant herein is null and void, with consequential prayed for permanent injunction, in respect of the suit property.

2. The learned counsel for the petitioner submitted that the suit property is a Wakf property by registered Wakf Deed dated 17.06.1938. Once, Wakf created and trustees had been appointed for the Management of Wakf, it cannot be revoked subsequently. While that being so, the learned Wakf Tribunal dismissed the suit only on the ground that the suit property was not registered with the Wakf Board as required under Section 36 (8) of the Wakf Act, 1995. The suit property originally belonged one Allah Pichai. He had formed permanent Wakf by name Milathe Sharref Wakf and dedicated it in favour of the said Wakf. It was made on 17.06.1938

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