M.K. MOHAMMED Vs. THRIKKANAPURAM NUSARATHUL ISLAM SANGAM

JUDGEMENT

(1.) THE plaintiffs in a suit filed before the Wakf Tribunal are the revision petitioners. The suit has been dismissed on a ground which requires to make reference to the judgment of the Apex Court in Ramesh Gobindram v. Sugra Humayun Mirza Wakf : 2010 (3) KLT 862 (SC). Having regard to the law laid by the Apex Court in Board of Wakf v. Anis Fatma Begum : 2010(4) KLT 765 (SC), we are of the view that a suit for declaration that a particular item of property is Wakf property can be entertained by the tribunal. Hence, leaving open all other issues as to maintainability, jurisdiction and disputed questions of facts and law, the impugned order is vacated. The CRP is allowed directing the court below to receive back the plaint and number it appropriately. The date of institution of the plaint will be the date of its initial presentation.