K. T. YUSUF Vs. KERALA STATE WAQF BOARD

JUDGEMENT

(1.) Petitioner - plaintiff instituted a civil suit W.O.S. No.184 of 2019, by laying challenge to the order of the Administrator of the Kerala State Waqf Board dtd. 11/7/2014, ordering the eviction from the schedule property measuring 44 cents of land and for the injunction not to evict the petitioner owing to the facts pleaded in the plaint.

(2.) It was averred that the schedule property originally belonged to Kakkad Juma-ath Palli, Kannur, which was given on lease to many tenants and thereafter, leased out to Kakkad Oil Mills and Industries vide registered document bearing No.474/1947 of S.R.O., Kannur. In lieu thereof an amount of Rs.500.00 was received as premium and annual land rent was fixed as Rs.36.00. The said industry went under liquidation and on 16/1/1960, the plaint schedule property including the building and structure thereon was put to public auction.

(3.) The plaintiff's father acquired the rights in the aforementioned property by lease assignment deed No.550 of 1960, whereby the tenancy rights of the entire building and the structure erected by the said Kakkad Oil Mills, was conferred, for a paltry amount of Rs.3,250.00.