ISMAIL HAJEE ESSA TRUST Vs. MUSLIM EDUCATIONAL SOCIETY

JUDGEMENT

(1.) The controversy in regard to the land, the buildings as well as the administration of M.E.S. Asmabi College, school, hostel etc. needs to be quelled soon lest the students are put to peril. The suit property of extent 25 acres is situate in Kodungallur in Kerala wherein the tourists flock to see the oldest Mosque in India - Cheraman Juma Masjid - built by Malik bin Dinar in 629 AD.

(2.) 'Ismail Hajee Essa Trust' [hereinafter referred to as 'the Trust'] was founded by one Mr. Essa Ismail Sait with the laudable object of establishing educational institutions. Vast tracts of land lying contiguous were purchased for the purpose under Exts.B1 to B9 sale deeds and structures partially constructed. The defendants thereafter completed the construction and put up additional structures wherein a college, school and hostel are being run. Disputes arose as regards the management of the educational institutions which has eventually paved the way for the suit at the instance of the Trust. The suit as amended is one for declaration of title as well as the right of management of the institutions and also for recovery of possession.

(3.) The defendants who are the Society and its office bearers contended that the property was purchased not on behalf of the Trust but by its founder on his own behalf. The defendants pointed out that Exts.A1 and A2 deeds of declaration of Trust were executed long after the execution of Exts.B1 to B9 sale deeds. It is the case of the defendants that there was at any rate an oral gift of the property by the plaintiffs in their favour valid under the Mohammedan Law. The gift was accepted and the semi-constructed buildings were completed wherein the educational institutions have been functioning for long. The defendants disputed that the plaintiffs had role in the management at any point of time and the institutions have also been affiliated to University.