SAVAD S/O. SAITHUMUHAMMED Vs. ABDUL WAHAB

JUDGEMENT

(1.) This revision petition is directed against the judgment dtd. 12/9/2014 in W.O.S.No.24 of 2010 passed by the Wakf Tribunal, Ernakulam. It carries a question of seminal importance. The revision petitioner herein was the plaintiff and the respondents herein were the defendants, in the said suit for prohibitory injunction. A succinct narration of the rival contentions and case, is required to highlight the question involved.

(2.) The case of the plaintiff is that he is the elected President of the Dhikir Khana situated in the plaint schedule property in Muthalamada Amsom of Chittur Taluk. The common case of the revision petitioner as also the respondents is that the plaint schedule property originally belonged to one Chella Rowther who is the father of the power of attorney holder of the revision petitioner and the Dhikir Khana was established in memory of the spirit of Mohiyaddeen Abdul Khader Jailanee. In the year 1981, the aforesaid Chella Rowther had gifted the plaint schedule property to Abdul Rahiman Musaliyar who was then the President of the Dhikkir Khana. Due to the ill health of Abdul Rahiman Musaliyar, the institution was to be closed for some time and later, in the year 2000, the said Abdul Rahiman Musaliyar had passed away. Subsequently, on 4/4/2001, the revision petitioner was elected as the president of the Dhikir Khana in a general body meeting convened on that day and since then he has been running the establishment through his power of attorney holder. The respondents herein contested the suit. As noticed hereinbefore, with respect to the dedication of the property to Dhikir Khana, there is no dispute. So also, the defendants did not dispute the fact that in the capacity of its president it was being managed by Abdul Rahiman Musaliyar. However, according to them, after the death of Abdul Rahiman Musaliyar, a general body of Kambrathachalla Jama-ath was conducted on 6/5/1983 and one K.V. Noor Mohammed Rawther was elected as the President of the Jamaath. It is also their case that though the Dhikir Khana started its functioning on 25/1/1987, it was transferred to Anamari 16 Jamaath. The learned counsel for the respondents submitted that in the written statement filed before the Wakf Tribunal, it was specifically stated that on 6/5/1983, the management of the Dhikkir Khana got vested with Anamari 16 Jama-ath and it was handed over to Kambrathachalla Jamaath in the year 1996. Furthermore, it is stated that thereupon, the committee had spent huge amounts for repairing the building and that the administration of the Dhikkir Khana has been exclusively in the hands of Kambrathachalla Jamaath since 2/10/2001. In short, according to them, the plaint schedule property has been under the exclusive possession of the Kambrathachalla Jamaath even during the lifetime of Abdul Musaliyar and being the party in possession of the property, there was absolutely no question of their trespassing into the said property. In such circumstances, according to them, the plaintiff is not entitled to get the prohibitory injunction as sought for.

(3.) Defendant No.4, the Chief Executive Officer, who is the third respondent herein, in his written statement filed before the Tribunal stated that as per the records, no such wakf was registered with the Wakf Board and therefore, the Wakf Board is not aware of the claim of the plaintiff. Based on the rival pleadings, the Tribunal formulated the following issues for consideration:-