MOIDU Vs. NARAYANAN

JUDGEMENT

(1.) This revision petition is filed challenging the decision of the Wakf Tribunal, Kozhikode holding that no wakf is created in respect of the plaint schedule properly, which is the subject-matter of a suit. The first defendant in the suit is the revision petitioner. The plaintiff in the suit is the first respondent herein.

(2.) The first respondent/plaintiff approached the Munsiff's Court, Thalasscry in O.S. No. 324 of 2007 for a relief of permanent prohibitory injunction against the revision petitioner/first defendant. The suit was filed on 21-11-2007. In the suit, the revision petitioner contended that the suit property is a wakf and registered with the Wakf Board. In view of the fact that the suit property is registered as a wakf, the learned Munsiff returned the plaint for representation before proper forum. Accordingly, the first respondent/plaintiff re-presented the suit before the Wakf Tribunal, Kozhikode. The suit was renumbered as O.S. 45 of 2009. Thereafter, again the plaint was returned to the Munsiff's Court, Thalassery. The Munsiff's Court, Thalassery again returned the suit for presentation before the Wakf Tribunal in the light of the judgment of the Apex Court in Ramesh Gobindram Vs. Sugra Humayun Mirza Wakf [2010 (3) KLT 862 (SC)] . Thereafter, the suit was numbered as O.S. No. 51 of 2011.

(3.) Pending suit, the original reliefs were amended by incorporating prayer for declaration, recovery of possession and injunction. The prayer also was amended to include the relief that the suit property is not wakf property. The tribunal, after the trial, concluded that suit property is not a wakf property. It is challenging this finding, the revision [petitioner/first defendant filed this revision.