SHANMUGHAM Vs. TAMIL NADU WAKF BOARD

JUDGEMENT

(1.) THE unsuccessful legal representatives of the 4th defendant viz., defendants 6 to 13 have preferred the second appeal aggrieved against the judgment and decree in A.S.No.117 of 1972 on the file of Sub Court, Chidambaram.

(2.) THE case in brief is as follows:

(3.) POINT:Ex.A-1 is the registration copy of the wakf deed dated 2.8.1944. Ex.A-2 is the application made by one Ali Hussain to the State Wakf Board. Ex.A-3 is the certified copy of the decree in O.S.No.226 of 1944 on the file of District Munsif's Court, Chidambaram. The plaintiffs have come forward with a specific case that in view of Ex.A-1, a Wakf is created and the beneficiaries were not given any power of alienation of the property and under the circumstance, the subsequent partition in the family of defendants 1 to 3 and sale deed in favour of the 4th defendant under Ex.B-1 are void ab initio and, as such, the plaintiffs are entitled to recovery of possession of the property from the legal heirs of the 4th defendant.