KERALA STATE WAKF BOARD Vs. RAJESH

JUDGEMENT

(1.) These revisions are filed under the proviso to Section 83(9) of the Wakf Act, 1995, hereinafter referred to as the 'Act'. The first among the captioned matters is by the Wakf Board and the second is by an individual who claims to be a descendant of the testator of a Will which we would hereinafter refer to as 'Will', in view of the dispute between the parties whether the bequest made thereunder also amounts to a wakf. The fact that she is a descendant of the said person is not in dispute before us.

(2.) Abdul Sathar Haji Moosa executed the Will on the 25th of the 2nd month (Kanni) of 1099 ME corresponding to 1924 AD. The relevant facts for the purpose of considering the proceedings of the court below are that the said Will creates an institution by name 'Abdul Sathar Haji Moosa Sait Dharmasthapanam'.

(3.) The revision by the Wakf Board is on the plea that the compromise could not have been recorded without its sanction in terms of Section 93 of the Act and also that due procedure was not followed in the matter of deciding on the compromise petition to which the Wakf Board was not even made a party.