HON’BLE THE ACTING CHIEF JUSTICE SRI B. PRAKASH RAO C.R.P.No. 2326 of 2007 Date: 18-11-2010 Between: Mohd Yousuf …. Petitioner and Kauser Fatima ………… Respondent HON’BLE THE ACTING CHIEF JUSTICE SRI B. PRAKASH RAO C.R.P.No. 2326 of 2007 ORDER: The petitioner-defendant is a tenant who, by way of this Revision Petition under Section 83(9) of the Wakf Act, seeks to assail the judgment and decree dated 11-04-2007 in O.S.No.24 of 2005 on the file of the Presiding Officer, A.P. Wakf Tribunal, Hyderabad, whereunder the relief of ejectment and recovery of damages for the use of the house was granted in favour of the respondent-plaintiff decreeing the suit. The main ground raised on behalf of the petitioner-defendant is that having regard to the principles laid down in the decision reported in RAMESH GOBINDRAM v. SUGRA HUMAYUN MIRZA WAKF [1], the suit filed before Tribunal against the tenant of a wakf property is not maintainable and it should be filed only before the Civil Court. In view of the above decision, I hold that the suit itself is not maintainable as the Tribunal has no jurisdiction to entertain the same and the same is liable to be dismissed. Accordingly, the Civil Revision Petition is allowed. The judgment and decree in O.S.No.24 of 2005, dated 11-04-2007 are set aside. Consequently, the suit stands dismissed. No order as to costs. ___________________ B. PRAKASH RAO, HACJ Date: 18-11-2010 YCR/IVD [1] AIR 2010 SC 2897