HAMEED YAFFEE Vs. ALAPPUZHA MUGHAM PARIPALANA SANGAM

JUDGEMENT

(1.) This revision petition is directed against the judgment of Wakf Tribunal, Kollam in O.S.No.21 of 2012. The revision petitioners are the plaintiffs therein. Suit laid by the petitioners was for permanent injunction. Respondents 1 to 3 filed a counter claim for a relief of injunction against the plaintiffs from interfering with the affairs of the first respondent society. The suit filed by the plaintiffs has been dismissed. The counter claim has been allowed. Challenging the said judgment this revision petition is filed.

(2.) Heard the learned counsel for the revision petitioners, the learned counsel for respondents 1 to 3 and the learned standing counsel for the Wakf Board.

(3.) The case of the plaintiffs was that the plaint schedule property originally belonged to Maliakal family in Koyilandy Taluk. The members of the Maliakal family dedicated the plaint schedule property as a wakf. It is admitted by all parties that there existed a mosque and Makham. However, there is dispute between the parties as to the existence of a burial ground. According to the plaintiffs, the entire property is being used for a mosque, Makham and burial ground. Apprehending that the first respondent society is attempting to construct a shopping complex in the burial ground, the plaintiffs approached the Tribunal.