A K KHALIFULLA Vs. S A GULAM RASOOL

JUDGEMENT

(1.) THE Civil Revision Petition filed under Article 227 of the Constitution of india arises out of an order made in I. A. No. 380 of 2003 in O. S. No. 44 of 1952 dated 01. 09. 2003 passed by the Principal Subordinate Judge, Tiruchirappalli.

(2.) THE revision petitioners were respondents before the Trial Judge in the interim application. The first respondent filed an application before the subordinate Court seeking for a direction to transfer the papers relating to appointment of trustees to be made pursuant to the scheme decree in O. S. No. 44 of 1952 to be dealt with by the Tamil Nadu Wakf Board, Chennai -4. The contention of the petitioner was that in terms of Wakf Act, 1995, more particularly, under Section 15 of the said Act, trustees will have to be appointed only by the Wakf Board.

(3.) THE Principal Subordinate Judge, after hearing both sides, by an order dated 1. 9. 2003 directed the transfer of the entire papers relating to appointment of trustees pursuant to the scheme decree made in O. S. No. 44 of 1952 to the second respondent, Tamil Nadu Wakf Board. Aggrieved by the said order, the present Civil Revision Petition is filed. The contention was that once the civil Court frames a scheme decree, it can only be dealt with by the Civil Court and neither the Wakf Board nor the Wakf Tribunal will have any jurisdiction over the same.