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 and also evidenced by a registered Wakf Deed executed by him. The income generated from the Wakf properties are to be utilized towards its beneficiaries. The Wakf must be a permanent one and therefore, it would curtail the powers of the trustees and their descendants from alienation or making any encumbrance over the said Wakf property. The petitioner being a Muthavalli, is interested in the Wakf founded by the said Allah Pitchai.

3. While that being so, one of the trustees alienated one of the suit property to the first defendant by executing the registered sale deed dated 03.02.2010, vide document No.307/2010. It transpires that the first defendant had been taking steps to form a Lay-Out and to sell the suit property in pieces to a number of persons. He further submitted that the “Wakf” defined under Section 3 (r) of the Wakf Act, 1995 and it means the permanent dedication by any person professing Islam of any immovable or movable property for any purpose recognized by the Muslim law as pious, religious or charitable. Section 36 of the Wakf Act, 1995 relates to the registration of the Wakf by the Muthavalli. If the Wakf is not registered as contemplated under Section 36 of the Wakf Act, 1995. there is penalty under Section 61 of the Wakf Act, 1995. Therefore, mere non registration of Wakf is not the ground for dismissing the suit for declaration. In support of his contentions, he relied upon the judgments reported in 2008 (2) LW 230 (Tamil Nadu Wakf Board -vs- Hakkim M.Mohamed Moideen & others), 2002 (1) CTC 561 (T.N.Wakf Board -vs- Hathija Ammal (dead) by Lrs. And others, AIR 1986 Kar 12 ( Mohammed Ghouse -vs- Karnataka Board of Wakfs) and (1999) 6 SCC 343 (Karnataka Board of Wakf -vs-

Anjuman-E-Ismail Madris-un-Niswan).

4. Per contra, the learned counsel appearing for the second respondent submitted that the petitioner has no locus standi to file the present suit. He had been never a Muthavalli of any Wakf. Therefore, the plaintiff is not the beneficiary under Milathe Shareef. The suit property is purchased by one Mohammed Ibrahim and other. Therefore, the suit itself is bad for non- joinder of necessary parties. He further submitted, that even according to the plaintiff, the suit property is not yet registered as contemplated under Section 36 of the Wakf Act, 1995. Section 36 (8) of the Wakf Act is very clear that in case of Wakfs created before the commencement of this Act, every application for registration shall be made, within three months from such commencement and in case it was created after such commencement, it is within three months from the date of the creation of the Wakf. Therefore, the suit property has never become a “Wakf property”. In fact, the suit property was sold out by direct legal heirs of Allah Pithcai and his descendants