ABDUL RASHEED AND OTHERS Vs. IHYA

JUDGEMENT

(1.) The revision petitioners are defendants 10 and 11 in OS No. 9/2012 of the Waqf Tribunal, Kozhikode. The aforesaid original suit was filed by the respondents 1 and 2 herein for recovery of possession of the plaint schedule properties which are in possession of the revision petitioners herein. The aforesaid suit was filed against defendants 26 in numbers and the same relief was sought against all the defendants.

(2.) The first plaintiff committee is the Muthawalli of the Waqf, namely, Ihya-U-Sunna Arabic College Managing Committee and the second plaintiff represented the first plaintiff. According to the petitioners, the plaint schedule properties are Waqf properties and the petitioners are in possession and enjoyment of the said Waqf properties. The income derived from the properties was used for maintenance of the Arabic College and other institutions attached to the Waqf. The properties were given to the neighbours for cultivation so as to fetch income for the Waqf. One Kunhalikutty had cultivated the above said properties. While so, the plaintiff got certificate of purchase from the Land Tribunal, Vengara in respect of plaint schedule properties. The said Kunhalikutty also had obtained a purchase certificate from the Land Tribunal. Aggrieved by the issuance of purchase certificate in favour of said Kunhalikutty, the plaintiffs have filed an appeal before the appellate authority, Kozhikode and the purchase certificate issued in favour of Kunhalikutty was set aside and the matter was remanded to the Land Tribunal, Parappanangadi. Thereafter the Land Tribunal, Parappanangadi also found right in favour of the plaintiffs and issued a purchase certificate in the name of the plaintiffs and rejected the contention raised by the said Kunhalikutty that he was a cultivating tenant entitled to fixity of tenure. Thus, the order passed by the Land Tribunal issuing the purchase certificate under the Land Reforms Act in favour of the plaintiffs have become absolute and final and the plaintiffs became the absolute owner of the properties. But plaint A5 schedule property is in possession of 10th defendant and plaint A6 schedule property is in possession of 11th defendant who are the revision petitioners herein.

(3.) The revision petitioners herein filed written statement admitting that they are in possession of plaint A5 and A6 schedule properties. They admitted that these properties are Waqf properties. According to the said defendants, on realisation of this fact, they approached the plaintiff committee and expressed their willingness to exchange the properties in favour of the plaintiff in lieu of Waqf properties held by the defendants and the said proposal was accepted and agreed by the plaintiffs also. Hence both the parties approached the Waqf Board and filed a joint petition for surrender of 96.5 cents of property held by the defendants in favour of the plaintiffs in lieu of the Waqf properties held by them. Thus, they consented for a decree excluding plaint A5 and A6 schedule properties held by them.