Syed Fathima v. The Principal Executive Officer,

ORDER This civil revision petition is filed against the docket order dated

02.02.2023 passed in the suit in unnumbered O.S.SR.No.1912 of 2022 by the Principal Subordinate Court, Dindigul,

2.The learned counsel appearing for the petitioner submitted that the Court below erred in rejecting the plaint without proper application of mind, which resulted in, failure of justice to the petitioner. It is further submitted that the petitioner/plaintiff has specifically stated that the suit property originally belonged to one Mohamed Hussain and Vellayagiri and they had sold the same, through a registered sale deed, dated 25.09.1932 in favour of one Ibrahim Jahir. On 28.09.1932, the said Ibrahim Jahir passed away and his legal heirs sold the same through a registered a sale deed, dated

10.-5.1957 in favour of one Mayakkal, who sold the same through a registered sale deed, dated 01.08.1967 in favour of Mariammal. There was a resale agreement dated 01.08.1967 between Mayakkal and Mariammal and they jointly sold the same through a registered sale deed, dated 04.07.1970 in favour of Pappathiammal, who executed a registered power of attorney dated 02.04.1992 in favour of Samundeeswari. The suit property was laid into a layout of housing sites and approved by the Commissioner of Dindigul Panchayat Union. The said Pappathiammal sold 29 house sites through power agent, through registered sale deed, dated 20.04.2007 in favour of Seenivasan and the petitioner had purchased Plot No.9 through a registered sale deed, dated 14.07.2008. Therefore, the suit property is not a Wakf property. Therefore, the trial Court erroneously observed that the suit is barred under Section 9 of C.P.C., when the question of title between the Wakf and the Government is to be decided and returned the plaint without numbering. Hence, the present civil revision petition is filed.

3.Heard the learned counsel appearing for the petitioner and perused the materials available on record.

4.The revision petitioner has filed the above suit for the following reliefs: "m).fle;j 1932k; Mz;L Vw;gl;l fpiua Mtzk; KthypJy; ifuhj; kju]htpd; bghJ ed;ikf;fhf Vw;gl;ljd; fhuzkhf mJ rl;lg;go bry;yj;jf;fJ vd;W tpsk;g[if ghpfhuk; bra;a[k; gof;Fk;. M).fle;j 20.11.1967k; njjpad;W jpz;Lf;fy; o.K ePjpkd;wj;jhy; X.v];.vz;.1042/67k; tHf;fpy; tHq;fpa jPh;g;ghdJ rl;lg;go bry;yj;jf;fjy;y (Null and Void) vd tpsk;g[if bra;a[k; gof;Fk;. ,).\ jPh;g;gpd; mog;gilapy; epiwntw;Wjy; kD vz;. 22/76y; fle;j 22.06.1976k; njjpapy; bgwg;gl;l iffhl;o xg;gilg;g[ rl;lg;go bry;yj;jf;fjy;y vd tpsk;g[if bra;a[k; gof;Fk;. <)jhth brhj;J ,e;j thjpf;F kl;Lk; jdpj;J ghj;jpag;gl;J vd tpsk;g[if bra;a[k; gof;Fk; c)jhth brhj;ij ,e;j thjp mDgtpj;J mth; ,\;lk; nghy; <L xj;jp tpw;fpiuaq;fs; bra;tij ,e;j gpujpthjpfnsh mth; jk; tif Ml;fnsh ve;j tpjj;jpYk; jLj;J ,ilQ;ry; bra;a Tlhbjd epue;ju cWj;J fl;lis ghpfhuk; tHq;Fk;gof;Fk; C).,d;Dk; ,e;j tHf;fpd; bryt[ bjhifapid thjpf;F ,e;j gpujpthjpfns brYj;jp itf;Fk; go cj;jutpLk; gof;Fk;."

5.Since the revision petitioner has challenged the ex-parte decree and judgment passed in O.S.No.1042 of 1967, on the date of filing the above suit stating that the defendants are not having any title over the subject matter of the suit. Therefore, when there is a question of title between the Wakf and the Government has to be decided, the trial Court ought to have considered the above facts and numbered the plaint.

6.In view of the above, the Principal Sub-Court, Dindigul, is directed to number the plaint if it is in order and dispose the suit, on merits and in accordance with law. Accordingly, the Civil Revision Petition is disposed of. No costs.

31.08.2023 NCC:Yes/No Index:Yes/No Internet:Yes/No To

1.The Principal Subordinate Court, Dindigul.

2.The Sub Registrar, Sub Registrar Office, Nagalnayakkampatti, Dindigul District.

3.The Section Officer, V.R.Section, Madurai Bench of Madras High Court, Madurai.

K.GOVINDARAJAN THILAKAVADI, J. Ns

31.08.2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 31.08.2023 CORAM THE HONOURABLE MRS JUSTICE K. GOVINDARAJAN THILAKAVADI Syed Fathima ... Petitioner/Plaintiff Vs. 1.The Principal Executive Officer, Tamil Nadu Wakf Board, Door No.1, Jaffer Sirang Street, Vallal Seethakathi Nagar, Chennai-600 001. 2.The Secretary, Nagal Nagar Jimma Pallivasal, Door No.9/42, Pallivasal Street, Nagal Nagar Town, Dindigul District. 3.The Sub Registrar, Sub Registrar Office, Nagalnayakkampatti, Dindigul District. ... Respondents/Defendants Civil Revision Petition is filed under Article 227 of the Constitution of India, to set aside the docket order dated 02.02.2023 passed in the suit in unnumbered O.S.SR.No.1912 of 2022 on the file of the Principal Subordinate Court, Dindigul, and consequently, direct the lower Court to take the plaint on file and thus allow the civil revision petition. For Petitioner :Mr.J.Barathan For R3 :Mr.G.Suriyanath, Additional Government Pleader