KOYA Vs. STATE OF KERALA

JUDGEMENT

(1.) The first appellant was first petitioner in the writ petition, O.P.4771 of 1988. The second writ petitioner in the writ petition was one P. Mohammed who died during the pendency of the writ petition. In his place, one Mohammed, S/o. Marakkar has come On record as a person Mutawalli nominated by the Managing Committee.

(2.) The dispute relates to the office of Mutawalli. The appellants claim byway of nomination by an elected Managing Committee. The respondents 3 and 4 claim as hereditary Mutawallies, as heirs of one Kunhirayan Ali.

(3.) The facts are as follows: The father of the respondents 3 and 4, one Kunhirayan Ali, was functioning as the Mutawalli of the Wakf in question from 1972 after, the demise of his father as per the terms of a Wakf Deed of 1939 (document 2156 of 1939). Now, after the demise of the said Kunhirayan Ali, his daughter and son (respondents 3 and 4) claimed to be the Mutawallies as per the registered deed executed by Kunhirayan Ali (deed No.431 of 1981) dated 17-8-1981.