SALAFI TRUST Vs. NAZEER P

JUDGEMENT

(1.) Both these revision petitions were filed under Section 89(3) of the Wakf Act against a common judgment and separate decrees in O.S. Nos. 9/2004 and 10/2004 on the file of the Wakf Tribunal, Kollam. The bone of contention in both these revision petitions is the post of Muthavalli of the Wakf by name Salafi Trust, now having a mosque and some other structures on a property comprised in survey No. 527/4 A, B & C and measuring 17 cents, the property which is descried in detail in the schedule attached to O.S. No. 10/2004 against the judgment and decree of which C.R.P. 338/06 was filed by the plaintiffs therein.

(2.) The respondents in C.R.P. No. 339/2006 instituted the suit O.S. No. 9/2004. The 1st respondent/1st plaintiff was styled as Salafi Juma Masjid Mahal Committee. It was represented by 2nd and 3rd respondents (2nd and 3rd plaintiffs) who were shown as the President and Secretary of the Committee. They contended that they are the founder of the Salafi Juma Masjid, Salafi Shopping Complex and other institutions built up by them and it was registered before the Wakf Board and that respondents 2 and 3 are the persons in management and administration of the Wakf. It was further contended that the Masjid was constructed out of the public fund collected by the Mahal Committee. Defendants 1 to 5 (revision petitioners) are the Salafi Trust and its office bearers. The 6th and 7th defendants (4th and 5th respondents in the revision) are the Chief Executive Officer of the Kerala Wakf Board and the Kerala Wakf Board. It was contended that the 1st defendant Trust had no role in the administration of the Masjid or any other institution coming under the Wakf. The 1st plaintiff is the local unit of the Kerala Nadvathul Mujahideen ('K.N.M' for short), wherein the members of the 1st defendant Trust were also members. In the year 2002, there was a faction fight in K.N.M. and as per the directions in C.M.A. 240 to 243 of 2002 on the file of the District Court, Kozhikode, election was conducted and new office bearers took charge of K.N.M. and consequential changes had also taken place in the office of the 1st plaintiff committee and that the 3rd plaintiff was elected as the Secretary of the Committee and that defendants 1 to 5 were persons representing the rival factions and they were a minor group. Consequent to the election, defendants 3 to 5 were expelled from the Committee. Though such action was stayed by this Court, contending that the defendants 3 to 5 were attempting to interfere with the management of the Wakf and questioning their right to do so, plaintiffs preferred a complaint before the Wakf Board on 18-10-2003. An enquiry officer was appointed by the Wakf Board and a report was filed on 19-2-2004, wherein the enquiry officer had concluded that the 1st plaintiff Committee headed by plaintiffs 2 and 3 were in actual management and control of the Wakf. But ignoring the report, the 6th defendant, the Chief Executive Officer of the Wakf Board, issued a certificate, copy of which was marked as Ext. B-2 certifying that the 3rd defendant is the Muthavalli of the Wakf as Secretary of the Trust. According to the plaintiffs, that certificate is void as it didn't represent the real facts and violative of the principles of natural justice. It was further contended that defendants 1 to 5 were attempting to interfere with the management and administration of the Wakf. With these plea, the plaintiffs sought a decree declaring that Ext. B-2 is void and that the defendants 1 to 5 had no right to interfere with the management and administration of the Wakf by the plaintiffs.

(3.) The 1st defendant Salafi Trust in O.S. 9/2004 represented by its Secretary, the 3rd defendant, instituted the suit O.S. No. 10/2004 as plaintiffs 1 and 2 with a plea that the 1st plaintiff Trust was registered in the Office of the Sub Registrar, Mattancherry on 30-9-1978 and as on the date of the suit, the 2nd plaintiff was the Secretary as per the resolution of the Board and that the plaint schedule mosque, shopping complex and other institutions were dedicated by the Trust and as the founder of the Wakf, it applied for registration and obtained the registration wherein the Secretary of the Trust was recorded as the Muthavalli of the Wakf. The sole defendant in the suit is the 3rd plaintiff in O.S. No. 9/2004. It was further contended that the sole defendant was the Secretary of the local unit of the K.N.M. and a member of the split faction. Claiming that the sole defendant was the person entitled to be in charge of the administration and management of the plaint schedule Wakf, he filed a suit as O.S. No. 797/2002 before the Munsiff's Court, Alappuzha, but it was dismissed. Some of the local members of the K.N.M. expressed their desire to associate with the 1st plaintiff Trust. The plaintiffs accepted their request and some of the members of the K.N.M. unit accordingly associated in the management and administration of the Wakf properties. Accordingly, on 1-12-1999 onwards the Secretary of K.N.M. unit became the Secretary of the Trust on a working arrangement without assigning or relinquishing the right of the management in favour the K.N.M. unit. The sole defendant was the Secretary of the K.N.M. unit for a short period. On 3-2-2002, he applied for leave for three months and entrusted his charge with the 2nd plaintiff, who was the then Joint Secretary of the Trust, and ever since the 2nd plaintiff had been discharging the duties of the Secretary of the Trust and managing the affairs of the Wakf. Subsequently, the 2nd plaintiff was elected as the Secretary of the Trust as per the decision of the Trust Board on 9-4-2004 and as such he was in administration and management of the Wakf as Muthavalli. The defendant had no manner of right to interfere with the-management and administration of the Wakf. With these pleadings, the plaintiffs sought for a decree declaring that the 2nd plaintiff is the Secretary of the 1st plaintiff Trust and he is entitled to manage and administer the Wakf and that the defendant had no manner of right to interfere with the administration and management of the Wakf property.