Karnataka High Court
Jumma Masjid Trust Board vs Mrs. Rasheeda Begum on 22 June, 2022
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 22ND DAY OF JUNE, 2022
BEFORE
THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
WRIT PETITION NO.43352 OF 2016(GM-CPC)
C/W
WP NOS.43354/2016, 43355/2016, 43356/2016,
43357/2016, 43358/2016, 43360/2016, 43363/2016,
43365/2016 & 43367/2016
IN WP NO.43352/2016
BETWEEN:
JUMMA MASJID TRUST BOARD
NO.11, JUMMA MASJID ROAD
BANGALORE-560051
REPRESENTED BY ITS CHAIRMAN
MR ANWAR SHARIEFF
...PETITIONER
(BY SMT.BHARATI PATIL, ADVOCATE FOR SRI.K.S.RAHUL
CARIAPPA, ADVOCATE)
AND:
MRS. RASHEEDA BEGUM
W/O LATE BASHOO
AGED ABOUT 64 YEARS
R/A NO.B-3, 1ST FLOOR
HAZRATH KHUDDUS SAHIB EIDGAH APARTMENT
NO.68, MILLERS ROAD, BANGALORE-560046
...RESPONDENT
(BY SRI.S.I.A.KURASHI, ADVOCATE)
2
THIS PETITION IS FILED UNDER ARTICLE 227 OF THE
CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS ON
THE FILE OF THE V ADDITIONAL SMALL CAUSES JUDGE AND XXIV
ACMM, COURT OF SMALL CAUSES MAYO HALL UNIT, BANGALORE,
IN SC.NO.15519 OF 2011 AND AFTER GOING THROUGH THE
LEGALITY, PROPRIETY OR OTHERWISE OF THE SAME SET ASIDE
THE ORDER DTD.2.7.2015 PASSED IN APPLICATION FOR REVIEW
UNDER SECTION 114 OF THE CODE OF CIVIL PROCEDURE 1908
VIDE ANNEX-A AND ETC.,
IN WP NO.43354/2016
BETWEEN:
JUMMA MASJID TRUST BOARD
NO.11, JUMMA MASJID ROAD
BANGALORE-560051
REPRESENTED BY ITS CHAIRMAN
MR ANWAR SHARIEFF
...PETITIONER
(BY SMT.BHARATI PATIL, ADVOCATE FOR SRI.K.S.RAHUL
CARIAPPA, ADVOCATE)
AND:
MR. ABDUL AZEEZ
S/O LATE ABDULLA KHAN
AGED ABOUT 66 YEARS
R/A NO.C-2, 2ND FLOOR
HAZRATH KHUDDUS SAHIB EIDGAH APARTMENT
NO.68, MILLERS ROAD
BANGALORE-560046
...RESPONDENT
(BY SRI.S.I.A.KURASHI, ADVOCATE)
3
THIS PETITION IS FILED UNDER ARTICLE 227 OF THE
CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS ON
THE FILE OF THE V ADDITIONAL SMALL CAUSES JUDGE AND XXIV
ACMM, COURT OF SMALL CAUSES MAYO HALL UNIT BANGALORE
(CCH-20), IN SC NO.15518 OF 2011 AND AFTER GOING THROUGH
THE LEGALITY, PROPRIETY OR OTHERWISE OF THE SAME SET
ASIDE THE ORDER DTD.2.7.2015 PASSED IN APPLICATION FOR
REVIEW UNDER SECTION 114 OF THE CODE CIVIL PROCEDURE
1908 VIDE ANNEX-A AND ETC.,
IN WP NO.43355/2016
BETWEEN:
JUMMA MASJID TRUST BOARD
NO.11, JUMMA MASJID ROAD
BANGALORE-560051
REPRESENTED BY ITS CHAIRMAN
MR ANWAR SHARIEFF
...PETITIONER
(BY SMT.BHARATI PATIL, ADVOCATE FOR SRI.K.S.RAHUL
CARIAPPA, ADVOCATE)
AND:
MR. MOHAMMED HANEEF
S/O LATE ABDUL KARIM
AGED ABOUT 44 YEARS
R/A NO.C-1, 2ND FLOOR
HAZRATH KHUDDUS SAHIB EIDGAH APARTMENT
NO.68, MILLERS ROAD
BANGALORE-560046
...RESPONDENT
(BY SRI.S.I.A.KURASHI, ADVOCATE)
4
THIS PETITION IS FILED UNDER ARTICLE 227 OF THE
CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS ON
THE FILE OF THE 5TH ADDL. SMALL CAUSES JUDGE AND XXIV
ACMM, COURT OF SMALL CAUSES MAYO HALL UNIT, BANGALORE
IN SC.NO.15517/2011 AND AFTER GOING THROUGH THE
LEGALITY, PROPRIETY OR OTHERWISE OF THE SAME SET AISDE
THE ORDER DATED 02.07.2015 PASSED IN APPLICATION FOR
REVIEW UNDER SEC.114 OF THE CODE CIVIL PROCEDURE 1908 AS
PER ANENX-A HEREIN AND ETC.,
IN WP NO.43356/2016
BETWEEN:
JUMMA MASJID TRUST BOARD
NO.11, JUMMA MASJID ROAD
BANGALORE-560051
REPRESENTED BY ITS CHAIRMAN
MR ANWAR SHARIEFF
...PETITIONER
(BY SMT.BHARATI PATIL, ADVOCATE FOR SRI.K.S.RAHUL
CARIAPPA, ADVOCATE)
AND:
MR. AYAZ AHMED
S/O LATE KHAJA PEER
AGED ABOUT 63 YEARS
R/A NO.B-1, 1ST FLOOR
HAZRATH KHUDDUS SAHIB EIDGAH APARTMENT
NO.68, MILLERS ROAD
BANGALORE-560046
...RESPONDENT
(BY SRI.S.I.A.KURASHI, ADVOCATE)
5
THIS PETITION IS FILED UNDER ARTICLE 227 OF THE
CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS ON
THE FILE OF THE V ADDITIONAL SMALL CAUSES JUDGE AND XXIV
ACMM, COURT OF SMALL CAUSES MAYO HALL UNIT, BANGALORE
IN SC.NO.15520 OF 2011 AND AFTER GOING THROUGH THE
LEGALITY, PROPRIETY OR OTHERWISE OF THE SAME SET ASIDE
THE ORDER DTD.2.7.2015 PASSED IN APPLICATION FOR REVIEW
UNDER SECTION 114 OF THE CODE CIVIL PROCEDURE 1908 VIDE
ANNEX-A AND ETC.,
IN WP NO.43357/2016
BETWEEN:
JUMMA MASJID TRUST BOARD
NO.11, JUMMA MASJID ROAD
BANGALORE-560051
REPRESENTED BY ITS CHAIRMAN
MR ANWAR SHARIEFF
...PETITIONER
(BY SMT.BHARATI PATIL, ADVOCATE FOR SRI.K.S.RAHUL
CARIAPPA, ADVOCATE)
AND:
MR. GULREZ KHAN
SON OF MEHBOOB KHAN
AGED ABOUT 40 YEARS,
RESIDING AT NO.B-4
I FLOOR HAZRATH KHUDDAS SAHIB EIDGAH APARTMENT,
NO.68, MILLERS ROAD,
BANGALORE-560 046
...RESPONDENT
(BY SRI.S.I.A.KURASHI, ADVOCATE)
6
THIS PETITION IS FILED UNDER ARTICLE 227 OF THE
CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS ON
THE FILE OF THE V ADDITIONAL SMALL CAUSES JUDGE AND XXIV
ACMM, COURT OF SMALL CAUSES MAYO HALL UNIT, BANGALORE
IN SC.NO.15516 OF 2011 AND AFTER GOING THROUGH THE
LEGALITY, PROPRIETY OR OTHERWISE OF THE SAME SET ASIDE
THE ORDER DTD.2.7.2015 PASSED IN APPLICATION FOR REVIEW
UNDER SECTION 114 OF THE CODE CIVIL PROCEDURE 1908 VIDE
ANNEX-A AND ETC.,
IN WP NO.43358/2016
BETWEEN:
JUMMA MASJID TRUST BOARD
NO.11, JUMMA MASJID ROAD
BANGALORE-560051
REPRESENTED BY ITS CHAIRMAN
MR ANWAR SHARIEFF
...PETITIONER
(BY SMT.BHARATI PATIL, ADVOCATE FOR SRI.K.S.RAHUL
CARIAPPA, ADVOCATE)
AND:
MR.SATTAR KHAN
AGED ABOUT 58 YEARS,
RESIDING AT NO.C-4, 2ND FLOOR
HAZRATH KHUDDAS SAHIB EIDGAH APARTMENT,
NO.68, MILLERS ROAD,
BANGALORE-560 046
...RESPONDENT
(BY SRI.S.I.A.KURASHI, ADVOCATE)
THIS PETITION IS FILED UNDER ARTICLE 227 OF THE
CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS ON
7
THE FILE OF THE V ADDITIONAL SMALL CAUSES JUDGE AND XXIV
ACMM, COURT OF SMALL CAUSES MAYO HALL UNIT, BANGALORE
IN SC.NO.15522 OF 2011 AND AFTER GOING THROUGH THE
LEGALITY, PROPRIETY OR OTHERWISE OF THE SAME SET ASIDE
THE ORDER DTD.2.7.2015 PASSED IN APPLICATION FOR REVIEW
UNDER SECTION 114 OF THE CODE CIVIL PROCEDURE 1908 VIDE
ANNEX-A AND ETC.,
IN WP NO.43360/2016
BETWEEN:
JUMMA MASJID TRUST BOARD
NO.11, JUMMA MASJID ROAD
BANGALORE-560051
REPRESENTED BY ITS CHAIRMAN
MR ANWAR SHARIEFF
...PETITIONER
(BY SMT.BHARATI PATIL, ADVOCATE FOR SRI.K.S.RAHUL
CARIAPPA, ADVOCATE)
AND:
MR.R.ZAHEERA AHMED
SON OF RAHIM KHAN
MAJOR,
SHOP NO.69/13, BASEMENT,
L.NO.3 STREET, MEENAKSHI KOIL STREET CROSS,
BANGALORE-560051
...RESPONDENT
(BY SRI.S.I.A.KURASHI, ADVOCATE)
THIS PETITION IS FILED UNDER ARTICLE 227 OF THE
CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS ON
THE FILE OF THE V ADDITIONAL SMALL CAUSES JUDGE AND XXIV
ACMM, COURT OF SMALL CAUSES MAYO HALL UNIT, BANGALORE
8
IN SC.NO.15514 OF 2011 AND AFTER GOING THROUGH THE
LEGALITY, PROPRIETY OR OTHERWISE OF THE SAME SET ASIDE
THE ORDER DTD.2.7.2015 PASSED IN APPLICATION FOR REVIEW
UNDER SECTION 114 OF THE CODE CIVIL PROCEDURE 1908 VIDE
ANNEX-A AND ETC.,
IN WP NO.43363/2016
BETWEEN:
JUMMA MASJID TRUST BOARD
NO.11, JUMMA MASJID ROAD
BANGALORE-560051
REPRESENTED BY ITS CHAIRMAN
MR ANWAR SHARIEFF
...PETITIONER
(BY SMT.BHARATI PATIL, ADVOCATE FOR SRI.K.S.RAHUL
CARIAPPA, ADVOCATE)
AND:
MR. ZAHEERUDDIN BABER
SON OF LATE SALAMUDDIN,
MAJOR,
ROBE CREATIONS, SHOP NO.472A,
GROUND FLOOR, MEZZANINE FLOOR,
JUMMA MASJID ROAD,
BANGALORE-560046
...RESPONDENT
(BY SRI.S.I.A.KURASHI, ADVOCATE)
THIS PETITION IS FILED UNDER ARTICLE 227 OF THE
CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS ON
THE FILE OF THE V ADDITIONAL SMALL CAUSES JUDGE AND XXIV
ACMM, COURT OF SMALL CAUSES MAYO HALL UNIT, BANGALORE
IN SC.NO.15293 OF 2011 AND AFTER GOING THROUGH THE
9
LEGALITY, PROPRIETY OR OTHERWISE OF THE SAME SET ASIDE
THE ORDER DTD.2.7.2015 PASSED IN APPLICATION FOR REVIEW
UNDER SECTION 114 OF THE CODE CIVIL PROCEDURE 1908 VIDE
ANNEX-A AND ETC.,
IN WP NO.43365/2016
BETWEEN:
JUMMA MASJID TRUST BOARD
NO.11, JUMMA MASJID ROAD
BANGALORE-560051
REPRESENTED BY ITS CHAIRMAN
MR ANWAR SHARIEFF
...PETITIONER
(BY SMT.BHARATI PATIL, ADVOCATE FOR SRI.K.S.RAHUL
CARIAPPA, ADVOCATE)
AND:
MR. KESHWAR HUSSAIN
SHOP NO.158 & 159 THIRD FLOOR,
GOLDEN PLAZA, L.NO.3 STREET,
MEENAKSHI KOIL STREET CROSS,
BANGALORE-560051
...RESPONDENT
(BY SRI.*GURURAJ KULKARNI, ADVOCATE)
THIS PETITION IS FILED UNDER ARTICLE 227 OF THE
CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS ON
THE FILE OF THE V ADDITIONAL SMALL CAUSES JUDGE AND XXIV
ACMM, COURT OF SMALL CAUSES MAYO HALL UNIT, BANGALORE
IN SC.NO.15363 OF 2011 AND AFTER GOING THROUGH THE
LEGALITY, PROPRIETY OR OTHERWISE OF THE SAME SET ASIDE
THE ORDER DTD.2.7.2015 PASSED IN APPLICATION FOR REVIEW
* Corrected vide Chamber order dated: 19.07.2022.
10
UNDER SECTION 114 OF THE CODE CIVIL PROCEDURE 1908 VIDE
ANNEX-A AND ETC.,
IN WP NO.43367/2016
BETWEEN:
JUMMA MASJID TRUST BOARD
NO.11, JUMMA MASJID ROAD
BANGALORE-560051
REPRESENTED BY ITS CHAIRMAN
MR ANWAR SHARIEFF
...PETITIONER
(BY SMT.BHARATI PATIL, ADVOCATE FOR SRI.K.S.RAHUL
CARIAPPA, ADVOCATE)
AND:
MR. ABDUL RAHEEM
SON OF LATE MOHAMMED HAYATH
CHOICE CENTRE, SHOP NO.22,
GROUN FLOOR PLUS MEZZANINE FLOOR,
JUMMA MASJID ROAD,
BANGALORE-560051
...RESPONDENT
(BY SRI.S.I.A.KURASHI, ADVOCATE)
THIS PETITION IS FILED UNDER ARTICLE 227 OF THE
CONSTITUTION OF INDIA PRAYING TO CALL FOR THE RECORDS ON
THE FILE OF THE V ADDITIONAL SMALL CAUSES JUDGE AND XXIV
ACMM, COURT OF SMALL CAUSES MAYO HALL UNIT, BANGALORE
IN SC.NO.15557 OF 2011 AND AFTER GOING THROUGH THE
LEGALITY, PROPRIETY OR OTHERWISE OF THE SAME SET ASIDE
THE ORDER DTD.2.7.2015 PASSED IN APPLICATION FOR REVIEW
UNDER SECTION 114 OF THE CODE CIVIL PROCEDURE 1908 VIDE
ANNEX-A AND ETC.,
11
THESE PETITIONS COMING ON FOR PRELIMINARY HEARING
IN 'B' GROUP THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
In these batch of writ petitions, common issues are raised. The petitioner/plaintiff which is a Jumma Masjid Trust Board has filed suits against defendants seeking relief of vacant possession of the plaint schedule property.
2. On receipt of summons, the respondents/defendants contested the proceedings and filed application under Order 7 Rule 11(d) read with Section 151 of CPC to reject the plaint as there is specific bar of jurisdiction of Civil Court under Section 85 of Wakf Act, 1995.
3. The learned Judge having examined the rival contentions by order dated 31.01.2012 ordered for return of plaint which is found at Annexure-B to the writ petition. The respondents/defendants feeling partially aggrieved by the return of plaint approached this Court by filing Civil Revision Petitions questioning common orders passed in all the suits. 12 These batch of writ petitions were dealt with and the Co- ordinate Bench of this Court in a reported judgment dated 13.12.2013 dismissed the revision petitions filed by the respondents/defendants. This Court while rejecting the Civil Revision Petitions has come to conclusion that the present plaintiff/Trust Board is not at all notified Wakf property and therefore, it does not fall within the definition of "Public Premises" as defined under Section 2(e)(v) of the Public Premises Act. Said contention raised by the respondents/defendants was rejected by the Co-ordinate Bench of this Court in the reported judgment cited supra. Therefore, the order passed by the learned Judge in rejecting the application filed under the provisions of Order 7 Rule 11 came to be confirmed by this Court.
4. Pursuant to the decision rendered by the Co- ordinate Bench of this Court in batch of civil revision petitions in CRP.No.422/2013 and connected petitions, the present petitioner/plaintiff filed an application seeking review of the 13 order. The Court below having taken note of the judgment rendered by this Court though has come to conclusion that suits are maintainable, however, declined to exercise jurisdiction under Section 114 of CPC. The learned Judge was of the view that the review application under Section 114 of CPC is not maintainable. It is this order which is under challenge. The present petitioner/plaintiff has not only challenged the order of the review application but have also questioned the order which was questioned under review which is at Annexure-B.
5. Be that as it may. The issue as to whether plaintiff/Trust Board is a Wakf property or not is decided by the Co-ordinate Bench of this Court in the reported judgment rendered in CRP.No.422/2013 and connected petitions. This Court at para 16 of the order has categorically held as follows:
"16. Yet another factor which also requires to be noticed is that the judgment passed in O.S.No.32/1924 settling the scheme relating to the plaintiff-trust has not been questioned or challenged 14 by the Karnataka Board of Wakfs and it is not even a party to the scheme suit which is being administered by the competent Civil Court, at Bangalore. Hence, I am of the considered view that order passed by trial Court rejecting the application is just and proper and there is no material irregularity in the said order calling for exercise of revisional jurisdiction at the hands of this Court."
6. In the light of the judgment rendered by the Co- ordinate Bench of this Court in batch of Civil Revision Petitions, I am of the view that the order passed by the learned Judge in returning the plaint vide Annexure-B is not at all sustainable. If on consideration of these significant details, the Co-ordinate Bench of this Court has come to conclusion that plaintiff/Trust Board continues to be a Trust and therefore, does not fall within the domain of provisions of Wakf Act, the contention of respondents/defendants that the present suit schedule properties are wakf properties and therefore, fall within the domain of the provisions of Public Premises Act is negatived. Therefore, in the light of the 15 judgment rendered by the Co-ordinate Bench of this Court, this Court is of the view that the suits pending before the Small Causes Court are very much maintainable and plaintiff is entitled to prosecute the suit.
7. With these observations, the writ petitions are allowed and the order dated 02.07.2015 vide Annexure-A and the order dated 31.01.2012 vide Annexure-B are set aside.
Sd/-
JUDGE CA