IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN TUESDAY, THE 12TH OCTOBER 2010 / 20TH ASWINA 1932 CRP.No.486 of 2003(I) -------------------------- OS.29/2002 of WAKF TRIBUNAL, KOZHIKODE .................... REVN. PETITIONER(S): DEFENDANT ---------------------------------------- KANDOTH VATTA KULAM JUVAIRIYA, D/O. UMMER HAJI, RESIDING AT BEAUTY ASRAS HOUSE, KOZHIKODE TALUK, KACHERI AMSOM, KURUMBRAKATTASSERI DESOM. BY ADV. SRI.K.P.DANDAPANI, SENIOR ADVOCATE RESPONDENT(S): PLAINTIFF -------------------------------- * 1. PUTHIYA OJINATAKAM THARAVADU WAKF REPRESENTED BY INTERIM MUTHAVALLY, P.T.ABDU RAZAKE S/O. AVARANKOYA, SENIOR SUPERINTENDENT, KERALA WAKF BOARD, REGIONAL OFFICE, KOZHIKODE. [substituted] *[THE FIRST RESPONDENT, “P.T.ABDU RAZAKE, S/O AVARANKOYA, SENIOR SUPERINTENDENT, KERALA WAKF BOARD, REGIONAL OFFICE, KOZHIKODE” IS SUBSTITUTED BY “KUNHIBI, W/O LATE AHAMMED KOYA HAJI, R/A P.I.MANZIL, SOUTH BEACH ROAD, NEAR TELEGRAPH OFFICE, KOZHIKODE” AS PER ORDER IN I.A.475/2010 DATED 03/03/10] ADV. SRI.A.A.ABUL HASSAN, SC, WAKF BOARD SRI.P.A.ABDUL JABBAR, SC, WAKF BOARD SRI.M.M.SAIDU MUHAMMED,SC,WAKF BOARD FOR R1 SRI.BABU KARUKAPADATH FOR R SMT.M.A.VAHEEDA BABU FOR R SRI.P.G.PRAMOD FOR R THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 12/10/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PIUS C. KURIAKOSE & P. S. GOPINATHAN, JJ. ------------------------------------------------ C. R. P. No.486 of 2003 ------------------------------------------------ Dated this the 12th day of October, 2010 ORDER Pius C. Kuriakose, J Under challenge in this revision filed under Section 83 (9) of the Wakf Act, 1995 is the judgment and decree of the Wakf Tribunal, Kozhikode ordering eviction of the revision petitioner and also recovery of arrears of rent together with damages for use and occupation. We notice that the judgment of the Supreme Court in Ramesh Gobindram v. Sugra Humayun Mirza Wakf (2010(3) KLT 862 (SC) applies to the facts of this case and the suit O.S. No.29/02 cannot be maintained before the Wakf Tribunal. We, therefore, set aside the judgment and decree under revision and direct the learned Tribunal to return the plaint and all other related C. R. P. No.486 of 2003 -2- papers to the plaintiff for presentation before proper and competent civil court. 2. I.A. No.2533/10 has been filed by the plaintiff/ respondent invoking Section 24 read with Order VII Rule 10A of the CPC. The prayer is that the suit may be transferred from the Wakf Tribunal to the Sub Court, Kozhikode directing the Sub Court, Kozhikode to dispose of the suit on the basis of the evidence already on record after hearing the parties. On behalf of Sri.K.P.Dandapani, Sri.Mathew Kuriakose opposes this application. According to him, if this application is allowed serious prejudice will be occasioned to the revision petitioners. The revision petitioners are desirous of raising additional pleadings and also adducing additional evidence before the Sub Court. We are of the view that I.A.2533/10 can be made over to the Wakf Tribunal. Hence we make over I.A.2533/10 to the C. R. P. No.486 of 2003 -3- Wakf Tribunal, so that the Tribunal can take a decision in the I.A. after hearing both sides. Compliance of our direction hereinbefore to return the plaint is made subject to the orders to be passed on I.A.2533/10. PIUS C. KURIAKOSE JUDGE P. S. GOPINATHAN JUDGE kvs & kns/-