Madras High Court Orders Wakf Board to Vacate and Hand over Possession to Puraiyur Muslim Munnetra Sabai.
TITLE: Puraiyur Muslim Munnetra Sabai Vs. Tamil Nadu Wakf Board.
Decided On: August 25, 2023.
C.R.P.(MD). Nos. 2139 to 2141 of 2010
CORAM: Hon’ble Mr. Justice R. Vijay Kumar.
Facts:
The Defendants have taken lease of the vacant site and they are enjoying the same as lessee by putting up superstructure over the same and they have no manner of title over the property except the lease hold right. A notice was issued to the tenants under Section 106 of Transfer of Property Act terminating the tenancy of the defendants w.e.f. 31st of October 2002 and claiming arrears of rent. The defendants have sent a reply denying title of the plaintiff Pallivasal and claiming title upon them. The plaintiff pallivasal had filed the present suit for declaration of title, recovery of possession and for payment of damages.
Legal Analysis and Decision:
The defendants contended that they are in possession of the property on their own for more than 60 years and they have acquired title by adverse possession. The Plaintiff failed to establish the possession in Tribunal and the defendants produced the House tax receipts and plaintiff produced the patta documents in order to prove the possession of the land. Both the arguments were heared and the Judges gave the verdict.
The Limitation Act shall not apply to any suit for possession of immovable property comprised in any wakf or for possession of any interest in such property. Therefore, even assuming that the defendants are in possession of the property from 1952 onwards, they cannot acquire titile by adverse possession, in view of Section 107 of Wakf Act.
The findings of the Tribunal that the plaintiff pallivasal had not established the lie and location of the suit properties within 1.25 acres of Survey No.52 is not sustainable. the plaintiff pallivasal had established their title over the properties and hence, they are entitled to recover possession of the same from the defendants. The judgements and decrees of the trial Court in all the three suits are hereby set aside and are decreed as prayed for. All the Revision Petitions are allowed. The defendants are granted six months time to vacate and hand over vacant possession.
Conclusion:
The Court set aside the trial courts judgements and interpreted the law and said mere possession of land for 60 years and producing the House tax receipts would not lead to acquire the title. Since the Pallivasal established valid Documents the gained the Declaration of Title.
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JUDGEMENT REVIEWED BY JANGAM SHASHIDHAR.