Failure to implead Waqf Board under Section 90 renders waqf suit judgment non est and void.

Prayer: Civil Revision Petition filed under Article 227 of the Constitution of India read with Section 83(9) of the Waqf Act, 1995, praying to set aside the judgement and decree dated 26.06.2008 and made Wakf OS.No.45/2006 on the file of the Principal Sub Judge, Wakf Tribunal, Chengalpet, Kancheepuram District.

For Petitioner(s): Mr.N.A.Nassir Hussain For Respondent(s): R1- Died Mr.J.Ram For Mr.M. Ramesh (For R2 To R5) Mr. Avinash Wadhwani (For R6)ORDERThis Civil Revision Petition has been filed to set aside the judgement and decree dated 26.06.2008 and made Wakf OS.No.45 of 2006 on the file of the Principal Sub Judge, Waqf Tribunal, Chengalpet, Kancheepuram District. 2. Heard Mr.N.A.Nassir Hussain, learned counsel for the petitioner and Mr.J.Ram, representing Mr.M.Ramesh, learned counsel for respondents 2 to 5 and Mr.Avinash Wadhwani, learned counsel for the 6threspondent.

3.The present revision has been filed as against the judgment and decree made by the Waqf Tribunal as early as in the year 2008. A perusal of the plaint would indicate that the Waqf Board had not been made a party to the suit, which is mandatory as per the provisions of Section 90 of the Waqf Act, 1995. A perusal of the judgment and decree does not also indicate that notice had been ordered by the Waqf Tribunal to the Waqf Board, as required under of the Waqf Act.

4. In such view of the matter, the judgment and decree passed is contrary to the statutory mandates as required under the Waqf Act, 1995 and hence, the judgment and decree could only be termed as non est in law.

5. Accordingly, the judgment and decree dated 26.06.2008 made in Wakf OS.No.45 of 2006 on the file of the Principal Sub Judge, Waqf Tribunal, Chengalpet, Kancheepuram District stands set aside and this Civil Revision Petition stands allowed. Liberty to initiate appropriate proceedings on the cause of action, on which the suit in O.S.No.45 of 2006 had been filed is granted. No costs.