ABDUL RAHIM Vs. ASSAN KANI RAWTHER

JUDGEMENT

(1.) THIS revision petition under Section 83(9) of the Wakf Act was filed by the 2nd and 6th defendants in O.S.No.17/2001 on the file of the Wakf Tribunal, Kollam. The above suit was originally instituted by Mytheen Vava Rowther. Pending the suit he died. The next senior male member who is the first respondent got himself impleaded and prosecuted the suit.

(2.) MAIN averments in the plaint are that the plaintiffs are the sons of deceased Amian Rawther to whom plaint A, B and C shchedule properties belonged. He executed Exhibits A1 and A2 settlement deeds dated 29/9/1956 and 18/6/1958 in favour of his eldest son Mammed Rowther. As per Exhibits A1 and A2 on death of Mammed Rowther, the property would devolve upon the next elder son who was the original plaintiff and on his death it would devolve upon the next eldest male member, the supplementary 2nd plaintiff and so on. In plaint A schedule property there is a Thykkavu and Madrassa to which the Muslim community in the locality had right to worship and it should be maintained as such. Plaint B and C schedule properties are settled to the donees for maintaining the Thykkavu and Madrassa and eversince the donees in succession were managing properties. The defendants who are neighbours had no manner of right over the plaint A, B and C schedule properties and that they had been attempting to trespass into the plaint schedule properties and to interfere with the administration of the properties including Thykkavu and Madrassa by the plaintiffs for which they have no right. With these plea, the plaintiffs sought a decree for declaration of the right of administration and decree for prohibitory injunction restraining defendants from interfering with the administration and management of the properties.

(3.) IN the light of the above pleadings following issues were raised before the Tribunal: