ABDUL LATIF K K Vs. KUTHIYATHODU JAMATH MAHAL

JUDGEMENT

(1.) THE plaintiff in a suit filed before the Wakf Tribunal, Kollam challenges the dismissal of the suit holding that it is not maintainable.

(2.) THE reasons stated by the Tribunal for the said decision is that the matter, at best, would have to go only to the Wakf Board and Wakf Tribunal could only sit in appeal on the decision of the Wakf Board. THE different provisions empowering the Wakf Board is dealt with by the Tribunal in the impugned order and the suit has been found to be not maintainable on the ground that the Wakf Board has got the power to grant the reliefs sought for.

(3.) THE aforequoted relief No.A in the plaint seeks a declaration that the plaintiff was the legally elected President for the period 2006-2008. Declaration sought is of "having been elected as the President of a Wakf." Also sought for in relief No.A is that it be declared that the decisions allegedly taken to bring out amendments to the existing Constitution are arbitrary, illegal and against the will of the members. That relief is founded on the plea that after excluding the plaintiff, there were unauthorised inclusions of members to the Managing Committee. THE plaintiff also sought for a declaration that all the dealings made by persons claiming to be office bearers of the defendant are without sanction and will not bind the defendant Wakf.