KUNHIKOYAMUTTY T. P. Vs. A. P. MUHAMMED KUTTY

JUDGEMENT

(1.) This civil revision petition filed under the proviso to sub-section (9) of S.83 of the Waqf Act, 1995 arises out of the judgment of the Waqf Tribunal, Kozhikode, dated 24/12/2011 in O. S. No. 11 of 2011. The revision petitioners, namely, Puthan Peedika Palli Paripalana Committee, a Society Registered under the Societies Registration Act, 1860 and its Secretary are the plaintiffs in the said suit filed before the Waqf Tribunal seeking a declaration that the 2nd plaintiff committee is the mutawalli of the plaint schedule properties covered by Ext.B1 waqf deed bearing No. 192/1958 dated 03/02/1958 and the institutions situated therein; and a permanent prohibitory injunction restraining the 1st defendant (1st respondent herein) from interfering with the administration of the waqf.

(2.) The plaintiffs' case in brief is as follows; The plaint schedule properties were dedicated by one Biriyankutty Umma, daughter of Chakkiri Moideen Kutty, as per Ext.B1 waqf deed. The waqif appointed one Assamukutty Marakkar (son - in - law of her son) as the mutawalli. Velunthamannil Parambil Palli is situated in plaint schedule item No. 1. Plaint schedule item No. 2 is a garden land, and the income therefrom was used for the maintenance of the mosque. Originally there was only a 'serambi' (porch) and subsequently a madrassa by name 'Manuviral Islam Madrassa' was also started. Assamutty Marakkar was unable to maintain and manage the affairs of the niskara palli and madrassa, as there was no sufficient income from the waqf properties. Therefore, he handed over mutawalliship in favour of the beneficiaries of the waqf and Sunni Muslims in the locality.

(3.) On receipt of summons, the 1st defendant entered appearance and filed written statement contending that he is the mutawalli of the waqf and its properties, which were dedicated by Biriyankutty Umma as per Ext.B1 waqf deed. In terms of the said waqf deed, the 1st defendant's father Assamuutty Marakkar was the mutawalli till his death, i.e., till 19/09/1998. After his death, the 1st defendant became the mutawalli. The waqf is registered with the Kerala State waqf Board with Reg. No. 1810 / RA and the Waqf Board has recognised him as the mutawalli. As the waqf deed contains provision for hereditary mutawalli, there cannot be any other mutawalli for the waqf and its properties.