MOHAMMED SHEIK Vs. MOHAMMED FASIL YOUSUF

JUDGEMENT

(1.) FIRST defendant in O.S.No.905 of 1995 on the file of the Principal Munsif Court, Nagercoil is the appellant herein.

(2.) SUIT filed by plaintiff was one for permanent prohibitory injunction restraining first defendant and his men from interfering with the peaceful possession and enjoyment and administration of plaintiff over plaint property in any manner and for incidental reliefs.

(3.) ON the above pleadings, trial court after taking evidence held that plaintiff is not entitled to any relief as per judgment dated 3.9.1997. Trial court held that as per Ex.B-1, the arrangement entered by plaintiff's father and his grandmother regarding management of the Wakf cannot be questioned by plaintiff. An argument was also taken before trial court that Ex.B-1 is not valid since a muslim woman has been appointed as mutawalli, trial court held that there is no prohibition in appointing a woman as mutawalli since no religious functions are to be discharged while performing the charity. It further came to the conclusion that all the documents produced by plaintiffs are only from 1988 and the same will not prove that his father was in possession for 48 years as contended by him. Trial court held that plaintiff's father could have acted as mutawalli only on the basis of arrangement in Ex.B-1. Case of defendant, that he has taken possession from the lessee was also found to be true and it is also found that appellant has again entered into lease arrangement with others and same is proved by Exs.B-3 and B-4. The suit was dismissed.