P. V. NIDHISH Vs. KERALA STATE WAKF BOARD

JUDGEMENT

(1.) The present appeal (Crl. A. No. 309 / 2023) was heard finally, with the consent of counsel for parties. The appellants are aggrieved by the judgment of the Kerala High Court (dtd. 3/3/2016 in Crl. MC No. 5072/2015) rejecting their petition under Sec. 482, Criminal Procedure Code, 1973 (hereafter "Cr. PC"). They had, through those proceedings, sought a direction to quash a criminal complaint instituted against them.

(2.) The appellants urge that one P.M. Mammu Haji leased two shop rooms (numbered as municipal numbers VII/214 and VII/215- hereafter "the premises"), long ago (in 1916), before the coming into force of the Wakf Act. "Norman Printing Bureau" (hereafter "the Bureau") was a concern of Achuthan Nair; it was functioning in the premises. A partnership firm was later created, with one P.V. Sami as a partner. The firm continued all these years and continues now. The Bureau publishes 'Norman Almanac' containing astronomical data used in astrology.

(3.) The respondents allege that P.M. Mammu Haji created a wakf in 1951. After his death, a suit was filed by his legal heirs (O.S. No. 130/1965 before the Sub Court, Calicut) to remove the trustee. There was an existing dispute even between the legal heirs of Mammu Haji whether there was a Wakf or a trust. In that suit, the court found that Mammu Haji created a private Trust; it removed the existing trustee. In between, the rent for the premises was increased, and a Rent Enhancement Deed was executed between the parties, on 15/9/1973. The appellants noticed uncertainty on account of lack of clarity about ownership of the premises and filed an interpleader suit on 30/3/1998 before the Munsiff court, Kozhikode. That suit was transferred to the file of the District Judge (OS 147/2001) where the court decreed the suit and directed the appellants to pay rent to the third defendant.