MOHAMMED Vs. MOHAMMAD BEKE

JUDGEMENT

(1.) Leave granted.

(2.) Though the respondent has been served, no one appeared for him. We requested Shri E. M. S. Anam, learned counsel, to assist the court as amicus curiae. We deeply appreciate the valuable assistance rendered by him in this case. The facts which are fairly not in dispute are as under.

(3.) This appeal by special leave petition arises from the judgment and order of the High court of Kerala made on 16/11/1993 in SA No. 86 of 1988 and the order made on 12/1/1994 in RP No. 251 of 1993 in SA No. 86 of 1988. The admitted facts are that the appellant, as an owner of certain properties, had executed a registered document in which he had mentioned that one acre 65 cents of land together with buildings and trees standing on Survey No. 612/a situated in Manjalarnkunnel Myloor Kara Varappetty Pakuthy was given to the father of the appellant for enjoyment during life of the usufruct derived from them. After his demise, the properties would be used for the purpose of Muslim Jamat Mosque. During the lifetime of the father, by another deed dated 30-11 - 1980, the above provision was cancelled. We are not concerned with other directions contained in the document.