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Showing contexts for: Alienation of wakf property in M.A.Mohamed Syed vs Dr.A.K.Rahaman on 16 April, 2009Matching Fragments
6. The learned counsel for the petitioner submits that inasmuch as the property is a Wakf property the Wakf Tribunal cannot grant permanent injunction in the original suit even though it is authorized to grant an interim injunction under order 39 (1) (2) CPC and that the suit for permanent injunction should have been filed under the provisions of Indian Contract Act, Transfer of Property Act and Specific Relief Act etc.; that plaintiff is not at all the Trust, that the delivery receipt dated 16.1.2008 is disputed by the petitioner and there is no document to show the possession of the respondent and without prior sanction of the Wakf board, the alienation of wakf property is void, that the lease deed is not valid since it is not registered and that when the suit for injunction is not maintainable, the interim injunction could not be granted.