SAALMI HAJI Vs. MUHAMMEDKUTTY @ KUNHAVA

JUDGEMENT

(1.) The revision petition is filed challenging an order dated 8/3/2018 passed by the Wakf Tribunal, Kozhikode in IA No.62/2018 in OS No.1/2018. The above application was filed by the plaintiffs in the suit seeking for a temporary injunction to restrain the first defendant from interfering with the administration and management of the Kottiri Jumaath Mosque, a Wakf property, which is described as A schedule to the plaint. It is inter alia contended by the plaintiffs that the wakf properties were being managed by elders of the mahal. Later, an unregistered committee was formed and the office bearers of the committee were elected by mahal members. Later, it was decided to register the Committee as a Society under the Societies Registration Act and accordingly, in a meeting convened on 24/11/2017, the first and 2nd plaintiff were elected as President and Secretary of the plaintiff and since then the registered committee has been managing the affairs of the Wakf. The 1st defendant, the revision petitioner herein, who is the legal heir of the wakif, Sri.Aliyamu Haji interfered with the management of the wakf claiming to be the mutawalli of the wakf. According to the plaintiffs, the wakf did not appoint any mutawalli during his lifetime and therefore the descendants of the wakif cannot act as mutawalli. Since they are unnecessarily interfering with the management of the wakf property., they should be restrained from doing so.

(2.) The first defendant contended that the property originally belonged to his father Aliyamu Haji who orally dedicated the property as a wakf. The mosque was constructed in the said property. Aliyamu Haji was the first mutawalli of the wakf. He had declared that the mutawalliship is hereditary and the rule of succession is through the senior most male member among his sons and their descendants. The partition deed came to be executed by the children of Aliyamu Haji by which wakf property was separately demarcated and as per the partition deed, provision has also been made for meeting the incidental expenses of the mosque including payment of wages to the employees for which item No.2 property was also dedicated as wakf. Appropriate provision has been made in the partition deed as well, that the hereditary mutawalli should consult the elders in the mahal in the matter relating to administration and management of the mosque. It was further contended that it is the plaintiffs who are trying to oust the mutawalli and take over management of the wakf property and at best, the committee was constituted only for the purpose of assisting the mutawalli and not to take over the management as such.

(3.) The Tribunal after considering the respective contentions allowed the application and the 1st respondent is restrained by an order of temporary injunction from interfering with the management and administration of the wakf properties. While issuing the aforesaid direction, the Tribunal observed that there is no material to indicate that the legal heirs of the wakif had been appointed as mutawalli of the wakf property.