Y.Ozur Khan vs Thangamani
2022 Latest Caselaw 7973 Mad

                                                                               C.R.P(MD).No.367 of 2022


                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                 DATED : 18.04.2022

                                                        CORAM

                                  THE HONOURABLE MRS.JUSTICE S. ANANTHI

                                           CRP(MD).No. 367 of 2022 and
                                            CMP(MD).No.1607of 2022


                    Y.Ozur Khan                                                 .. Petitioner

                                                             Vs.


                    Thangamani                                                    .. Respondent



                    Prayer: This Civil Revision Petition is filed under Article 227 of the

                    Constitution of India to strike off the plaint in O.S.No.152 of 2021 on the

                    file of the District Munsif Court, Tirumangalam.



                                   For Petitioners    : Mr. J. Lawrence

                                   For Respondent     : Mr. Ganesan

                                                        ORDER

The revision petitioner / defendant filed this revision to strike

off the plaint filed by the respondent / plaintiff in the suit in O.S.No.152 of

https://www.mhc.tn.gov.in/judis C.R.P(MD).No.367 of 2022

2021 on the file of the District Munsif Court, Tirumangalam on the ground

that the suit is barred by Wakf Act.

2. Heard the learned counsel appearing on either side and

perused the materials available on record.

3. The suit in O.S.No.152 of 2021 was filed by the

respondent / plaintiff for permanent injunction not to evict him without due

process of law.

4. The petitioner / defendant has relied on the Judgment of

the Hon'ble Supreme Court reported in 2021 SCC online SC 1003 (Rashid

Wali Beg Vs. Farid Pindari and others), wherein at paragraph No.59 it

has been held as follows:

“59. In the case on hand, the property is admitted to be a waqf property. Therefore, to allow the plaintiff to ignore the Waqf Tribunal and to seek a decree of permanent injunction and mandatory injunction from a Civil Court, would be ignore the mandate of Section 83 and 85 which speak of any dispute, question or other matter relating to a waqf or a waqf property. There is also one more issue.

In the written statement, the defendant No.1 has admitted the existence of the waqf and also admitted that the father of the plaintiff by name

https://www.mhc.tn.gov.in/judis C.R.P(MD).No.367 of 2022

Riyaz Ahamd is the mutawalli. But the claim of the plaintiff that he is the beneficiary of the waqf has been denied. Therefore, a question as to the nature of the waqf and whether the plaintiff is a beneficiary of the waqf, has also arisen in this case. This question has necessarily to be decided by the Tribunal and not the civil court.”

5. Since the property belongs to suit is waqf property, only

the waqf Tribunal has jurisdiction to try the matter, as per the said

Judgment of the Hon'ble Supreme Court. But, the plaint cannot be struck

off.

6. Accordingly, this Civil Revision Petition is disposed of

with a direction to the District Munsif, Tirumangalam to return the plaint

for the presentation of the plaint before the proper Court. The

respondent / plaintiff is directed to represent the same within a period of

two months from the date of return. No costs. Consequently, the connected

Miscellaneous Petition is closed.

18.04.2022 trp Index :yes/No Internet:yes/No

To The District Munsif Court, Tirumangalam.

https://www.mhc.tn.gov.in/judis C.R.P(MD).No.367 of 2022

S. ANANTHI, J.,

trp

CRP(MD).No. 367 of 2022 and CMP(MD).No.1607of 2022

18.04.2022

https://www.mhc.tn.gov.in/judis