The court confirmed that unregistered Hiba deeds lack evidentiary value against a registered sale deed, establishing that the properties in question are Wakf properties.

ORDER

This Civil Revision Petition is filed by the fourth Plaintiff, challenging the validity of the Judgment and Decree dated 31.12.2019 made in O.S. No. 88 of 2018 on the file of the Tamil Nadu Wakf Tribunal at Chennai.

2. By the Judgment dated 31.12.2019 passed in O.S. No. 88 of 2018, the Tribunal decreed the suit in part by holding that the land measuring an extent of 33 cents in Survey Number 193/3 is not a Wakf property and dismissed the suit in all other respects.

3. For the sake of convenience, the parties to this revision shall be referred to as 'Plaintiffs' and 'Defendants' as the case may be.

4. The suit in O.S. No. 88 of 2018 was originally filed by Nawabzada Nawab Ali Khan before the learned I Assistant Judge, City Civil Court, Chennai as O.S. No. 4555 of 2000. Thereafter, the said suit in O.S. No. 4555 of 2000 stood transferred to the Tribunal and re-numbered as O.S. No. 88 of 2018. Pending the suit, the sole Plaintiff Mr. Nawabzada Nawab Ali Khan died and therefore, his legal heirs were brought on record as Plaintiffs in the suit. The suit was filed by the deceased Plaintiff - Mr. Nawabzada Nawab Ali Khan for (i) a declaration declaring that the properties described in the plaint are not the Wakf properties (ii) direct the first Defendant to de-notify and delete the suit properties from the proforma schedule of the properties of the second Defendant and also from the records of the first Defendant and (iii) directing the Defendants to pay the costs of the suit.

5. According to the Plaintiff, he is the absolute owner of the agricultural lands measuring a total extent of 16347 square meters (about 3.68 acres) presently comprised in T.S. No. 1 (9940 Sq.mts) (T.S. No. 2 (5072 Sq.mts) and T.S. No. 3 (1335 Sq.mts) in Block No.39 (formerly block No.33), Old Survey No.192/1- measuring 7 cents, Survey No.192/2- measuring 1 acre 20 cents, Survey No.193-1 measuring 70 cents, Survey No.193/2 measuring 1 acre 38 cents and Survey No.193/3 measuring 33 cents situated in Virugambakkam Village, Mambalam-Guindy Taluk, Chennai. It was stated that originally the said properties were owned and possessed by maternal uncle of Plaintiff's mother Mrs. Fazilathunnisa Begum and subsequently they were gifted to her mother under various Hiba Deeds. On 06.02.1967, the mother of the Plaintiff settled the aforesaid property to her husband and four sons, including the Plaintiff. It was further stated that the Plaintiff's mother died on 19.04.1968 and subsequently his father died on 26.07.1984. It was further stated that Mr. Nawabzada Shafiq Mohammed Khan, one of the brothers of the Plaintiff died as a bachelor on 29.09.1985 and his share of the property got further divided among the surviving three brothers. As the Plaintiff was residing in Chennai and the other brothers are residing in Madhya Pradesh and Abu Dhabi, a mutual family arrangement was made on 22.12.1985 by which the other two brothers relinquished their share and right in favour of the Plaintiff alone. In return, the Plaintiff relinquished his right and interest in the family property situated in Madhya Pradesh. It was further stated that the Plaintiff and his two brothers are recipient of perpetual from the Government of Tamil Nadu vide G.O. Ms. No.14, Public (Political) Department dated 03.01.1969 in recognition of their past status in the erstwhile Princely St