MOHAMMED Vs. NEESA

JUDGEMENT

(1.) THE defendant in O.S.No.853 of 1989 before the Prl. Munsiff-I Court, Kozhikode, who suffered decree at the hands of the lower appellate court is the appellant before this Court. THE parties and facts are herein after referred to as they are available before the trial court.

(2.) ACCORDING to the plaintiff, plaint A schedule property belonged to one Kutti Mammi Haji. Plaintiff would allege that he and his wife had dedicated two coconut trees by way of an oral wakf to the plaintiff Madrassa. These two coconut trees are shown as B schedule in the plaint. They would claim that the possession of the above coconut trees were handed over to the committee on the date of creation of the wakf and ever since then the committee had been in possession and enjoyment of the coconut trees. They have numbered the same as M-230 and M-231. Plaintiff is taking usufructs from the trees since then. The defendant had no manner of right over the said trees. Since the defendant interfered with the right of plaintiff, the suit had been laid by the plaintiff.

(3.) THE trial court, on evaluation of the evidence, came to the conclusion that there is no proper evidence to show that the two trees claimed by the plaintiff standing in the property of the defendant had been dedicated to the wakf. Accordingly, the suit was dismissed.