LAWS(KER)-2005-9-44

HAJI P LIAKATH ALIKHAN Vs. K UNNEENKUTTY SAQUAFI

Decided On September 07, 2005
HAJI P.LIAKATH ALIKHAN Appellant
V/S
K.UNNEENKUTTY SAQUAFI Respondents

JUDGEMENT

(1.) This revision petition raises the question as to whether the second defendant is a wakf and whether the Wakf Tribunal has jurisdiction to try the suit. The second defendant is admittedly a society registered under the Societies Registration Act formed for charitable and educational purpose. It is also governed by the rules of any one of the sections of Muslim called Safi, Hanafi, Hambali or Maliki.

(2.) Pursuant to a direction by this Court in C.R.P. 1846/2003 to the Wakf Tribunal, Ernakulam to decide this question afresh the Tribunal considered it as a preliminary issue and found that the second defendant is a wakf and is subject to the jurisdiction of the Tribunal. This revision petition is filed by the first defendant, the President Darul Aman Islamic Complex, Kalladikode.

(3.) The suit is filed for the following reliefs: