Khathiriya Tharika Trust, Through its President v. Syed Ahamed Kabir
2013-01-23
G.RAJASURIA
body2013
DigiLaw.ai
JUDGMENT 1. Heard both the sides. A thumbnail sketch of the germane facts absolutely necessary for the disposal of this Civil Revision Petition would run thus: The revision petitioner herein, being the Trust, filed the suit in O.S.No.1735 of 1992 in the Court of District Munsif, Madurai Town, after issuing notice terminating the tenancy in favour of the respondent herein who happened to be the defendant therein. Subsequently, the Court suo motu transferred that suit to the Wakf Tribunal which happens to be the Principal Subordinate Judge, Madurai, on the alleged point of jurisdiction. The said Wakf Tribunal dealt with the matter and numbered it as W.O.P.No.16 of 2000 and dismissed the suit after entertaining evidence and hearing both sides. 2. This Civil Revision Petition is focussed as against the order of the Wakf Tribunal, on various grounds. However, the learned counsel for the revision petitioner at the first instance itself, placing reliance on the decisions of the Hon'ble Supreme Court as well as this Court, would implore and entreat that the Wakf Tribunal itself had no jurisdiction to entertain the said O.P. and only the Civil Court has got jurisdiction in this regard. 3. I would like to agree with his submission that the Munsif Court should not have transferred the suit to the Wakf Tribunal as it is a suit filed by the Trust as against the tenant, and the Munsif Court should have dealt with the suit on merits. The plaint averments should govern the jurisdiction of the Court. No doubt, the learned counsel for the revision petitioner himself, in all fairness, would submit that the defendant went to the extent of disputing the landlord and tenant relationship and he also claimed interest in the administration of the Wakf. Be that as it may, considering the plaint averments, the Civil Court should have continued with the suit and passed a judgment in accordance with law on merits. In as much as the Wakf Tribunal passed the order without jurisdiction, I would like to set aside the impugned order and remit the matter back to the District Munsif Court, Madurai Town, which shall deal with the suit as per law on merits. 4. The Civil Revision Petition is disposed of accordingly. No costs.