Dismissed

Khudrathullah v. G.Mohammed Usman

Madras HC7 Aug 2024CRP/597/2023

Case brief

AI extract

What is this about?

The High Court of Madras dismissed the Civil Revision Petition filed by Masjid office bearers challenging the Tribunal's order allowing amendment to add new defendants. The Court held that since the suit is filed against office bearers in official capacity, the specific names are not necessary and the order does not suffer from infirmity.

What did the court decide?

The Civil Revision Petition was dismissed with a direction to the Tamil Nadu Wakf Tribunal to dispose of the suit within eight months.

Khudrathullah Vs G.Mohammed Usman — Property and Title | Madras HC (2024)

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C.R.P.No.597 of 2023

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 07.08.2024

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CORAM

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THE HONOURABLE Mrs. JUSTICE R.KALAIMATHI

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C.R.P.No.597 of 2023 and C.M.P.No.4813 of 2023

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Khudrathullah

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President,

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Masjid-e-Madina (Mosque Committee),

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Chennai Port Trust Housing Colony,

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Tondiarpet,

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Chennai – 600 021.

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Mohammed Ali

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Secretary,

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Chennai Port Trust Housing Colony,

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Tondiarpet,

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Chennai – 600 021

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Shaik Mohammed

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Treasurer,

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Chennai Port Trust Housing Colony,

Tondiarpet,

Chennai – 600 021

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C.R.P.No.597 of 2023

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Madras Port Trust Mosque Association,

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represented by its President, No.441, Madras Port Trust Colony, Tondiarpet,

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Chennai – 600 081 ...Petitioners vs.

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G.Mohammed Usman

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Rahim Babu

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B.Basheer Ahamed

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... Respondents

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PRAYER: Civil Revision Petition is filed under Article 227 of the Constitution of India read with Section 83(9) of the Wakf Act to set aside the order and decretal order dated 31.01.2023 passed in I.A.No.440 of 2022 in O.S.No.10 of 2018 on the file of the Tamil Nadu Wakf Tribunal at Chennai.

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For Petitioners : Mr.A.Thameem Mohideen For Respondents : Mr.N.A.Nassir Hussain

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ORDER

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This revision petition is filed by the defendants aggrieved by the

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order dated 31.01.2023 passed in I.A.No.440 of 2020 in O.S.No.10 of 2018 on the file of the Tamil Nadu Wakf Tribunal, Chennai

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Heard Mr.A.Thameem Mohideen, learned counsel for the revision

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C.R.P.No.597 of 2023

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petitioners and Mr.N.A.Nassirr Hussain, learned counsel for the respondents.

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The above said application was filed by the plaintiffs under Order VI Rule 17 of the Civil Procedure Code, 1908 on the ground that the suit was filed against the office barriers of the Masjid-e-Madina Muslim Committee namely President, Secretary and Treasurer being defendants No.1 to 3 and the names of the persons holding the post have been shown in the cause title and permission is sought for to delete the names shown in the cause title. The defendants 1 to 3 namely Khudrathullah, Mohammed Ali and Shaik Mohammed.

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The said petition was counteracted by filing counter stating that the said Masjid is not a wakf: since there is no dedication to God and the suit is not maintainable. The amendment sought for, introduces a new set of defendants against whom the suit was not filed and against whom there was no cause of action on the date of the suit similar to the present defendants. It was further contended that the suit was filed against the office bearers is false, and it is apparent that they were arrayed only as individuals and not as office bearers.

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C.R.P.No.597 of 2023

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The suit is filed by the plaintiffs and the relieves sought for is

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given hereunder:-

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i. For a declaration that the working employees, as well as the retired employees, namely all the Muslim members residing in Wakf Port Trust Colony, shall be the members of the Masjid-e-Madina, Chennai Port Trust Housing Colony and shall have a right of participation in the management of Masjid-e-Madina, Chennai Port Trust Housing Colony.

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ii. And, for a mandatory injunction directing the 3^rd respondent, Treasurer to produce all the accounts of Masjid-e-Madina, Chennai Port Trust Housing Colony from the financial year 2013-2014 to 2017-2018 and for the subsequent years.

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From the bare perusal of the plaint and coupled with the prayers, it is pellucid that the suit is filed in the interest of all the Muslim people as such who are residing in the Port Trust Colony. The second prayer, as mentioned supra explicates that a direction is sought for against the Treasurer of Masjid-e-Madina.

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Though reliefs are sought for against the office bearers of Masjid-

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e-Madina, names of the defendants No.1 to 3 have been mentioned. As

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C.R.P.No.597 of 2023

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such, the names of the three defendants are not necessary to be mentioned as it is likely to be changed for every five years. In the given circumstances, it is proper that they are arrayed in their official capacity. It is also pertinent to note that trial is yet to be commenced. Therefore, as the suit is filed against the office barriers of Mosque Committee, it should not lie in the mouth of the revision petitioners to plead otherwise.

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Therefore, I am of the considered view that the impugned order does not suffer from any infirmity. Based on the aforesaid discussions, this Civil Revision Petition stands dismissed with a direction to dispose of the suit. The suit is filed in the year 2018. The Tribunal shall dispose of the suit preferably within a period of eight months from the date of receipt of a copy of this order. There is no order as to costs. Consequently, connected Civil Miscellaneous Petition stands closed.

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07.08.2024

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Index : Yes/No Internet : Yes/No Speaking Order/Non-Speaking Order Neutral Citation Case : Yes/No mac

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C.R.P.No.597 of 2023

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R.KALAIMATHI, J. mac

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C.R.P.No.597 of 2023 and C.M.P.No.4813 of 2023

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07.08.2024

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https://www.mhc.tn.gov.in/judis

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Page No.6/6

Khudrathullah v. G.Mohammed Usman

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Khudrathullah v. G.Mohammed Usman

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