MUTHAVALLI OF SHA MADHARI DIWAN WAKF Vs. SYED ZINDASHA

JUDGEMENT

(1.) Leave granted.

(2.) Applicability of the provisions of Order I, Rule 10 of the Code of Civil Procedure (the Code) in a proceeding under Section 18 of the Land Acquisition Act, 1898 (the Act) is in question in this appeal which arises out of a Judgment and Order dated 8-11-2006 passed by a learned Single Judge of the Madras High Court, Madurai Bench; Madurai in Civil Revision Petition (P.D.) (M.D.) No. 743 of 2006.

(3.) Appellant claims himself to be a Muthavalli of Sha Madhari Diwan Wakf. The said properties were acquired by the State of Tamil Nadu in terms of the provisions of the Act. Appellant as a person interested took part in the proceedings for making an award. Being dissatisfied with the quantum of compensation awarded by the Land Acquisition Collector, he sought for a reference for enhancement thereof pursuant whereto and in furtherance whereof the Collector of the District made a reference to the Civil Court. The said reference was transferred to the Court of Second Additional Subordinate Judge, Tiruchirappalli by the learned District Judge. Prior thereto, a suit for recovery of possession of certain properties and damages was instituted by the father of the appellant No. 2 herein against Haji Syed Zehrudin @ Jana Basha Alisha Sadguru in the court of the Munsif, Tiruchirappalli which was marked as O.S. No. 649 of 1986.