DIOCESE OF COCHIN Vs. JAMA

JUDGEMENT

(1.) The revision petitioner is the plaintiff in O.S.20/2010 of the Waqf Tribunal, Ernakulam. The aforesaid original suit was filed by the revision petitioner herein against the respondents seeking a decree determining the question whether plaint 'B' schedule property is a waqf property or not and also for passing a permanent prohibitory injunction restraining the 1st respondent herein from obstructing plaint 'C' schedule pathway in any manner.

(2.) The respondents herein filed written statement opposing the said prayer and both parties adduced evidence on the rival pleas. After trial, the Waqf tribunal passed the impugned judgment dismissing the original suit on a finding that the revision petitioner herein failed to prove an easement right of way by prescription over the 'C' schedule property. The legality and propriety of the aforesaid finding whereby the tribunal passed the impugned judgment are assailed in this revision.

(3.) Brief facts of the case can be summarized as follows :