MOHAMMAD Vs. MOHAMMED BEKE

JUDGEMENT

(1.) First defendant in O.S. 422 of 1982 of the Munsiff's Court, Muvattupuzha is the appellant. Plaintiff (respondent) filed the suit for permanent injunction restraining defendants 1 and 2 from constructing any building in the plaint schedule property on the ground that it is a wakf property. The Trial Court decreed the suit and it has been confirmed by the II Addl. Sub Judge, Ernakulam in A.S.155 of 1985.

(2.) Plaint schedule property belonged to the 2nd defendant. He gifted the property alongwith other items to the first defendant. First defendant executed Ext. A-l settlement deed in favour of his father second defendant giving him the light to take income from the properties during his life time. There are stipulations in Ext.A-1 that after the death of the second defendant one item of property (plaint schedule property) is dedicated for the purpose of a jammath mosque, that the income from the second item to be utilised for payment of salary to the teachers in the Madrasa and the income from the third item to be utilised for a public library. Plaintiff a member of the jamaath contended that the first defendant has no right to cancel Ext.A-l as the properties were dedicated for religious and charitable purposes.

(3.) Defendants filed written statement contending that Ext. A1 is only a settlement deed and not a wakf, that the first defendant never intended to create a wakf, that he continued to be in possession of the properties, that he cancelled Ext.A-1 by executing Ext. B-12 and that at the time of execution of Ext.A-1 he was mentally deranged. Another contention is that no mutavalli was appointed as per Ext. A-1 and therefore no valid wakf has been created with respect to the properties. Courts below overruled the contention of the first defendant that Ext.A-1 was executed at a time when he was suffering from mental disorder. That being a concurrent finding of fact this Court cannot interfere.