KASIM MARAIKKAYAR Vs. HAJI KATHIJA BEEVI TRUST NAGAPATTINAM

JUDGEMENT

(1.) THIS is a revision preferred by the respondents in LA. No. 4 of 2007 in wakf O. P. No. 2 of 2007 on the file of subordinate Judge, Nagapattinam.

(2.) THE respondents herein preferred Wakf o. P. No. 2 of 2007 before the Court below for a decree of permanent injunction restraining the petitioners herein from interfering with their peaceful possession and enjoyment of the property scheduled in the original petition. According to the petitioners in the original petition the petition schedule property belongs to Haji Kathija Beevi trust. The founder trustee Haji Kathija Beevi constituted a trust comprising herself and her husband Haji Abubucker as trustees till their life time and thereafter nominated their son Vanjoor Maricair and their daughter lathifa Beevi as joint trustees. After the demise of the founder trustee and her husband, vanjoor Maricair and Lathifa Beevi charge as trustees and they were administering the trust. However Vanjoor Maricair started to deny the trusteeship of Latheefa beevi and hence she filed a suit in O. S. No. 45 of 1975 and obtained a decree for turn management, against which an appeal was filed before this Court and in the appeal, the decree was modified with regard to the sharing of surplus income by the turn trustees. It is the further case of the petitioners that after Vanjoor Maricair, his son Azad alias Ibrahim Maricair acted against the interest of the Trust and went to the extent of alienating the trust property. The petitioners further contended in the original petition that the deceased turn trustee Azad alias Ibrahim let out the shop building on the southern front side to the second respondent in the original petition and the second respondent even without paying rent squatted over the property and even claimed that the property has been enjoyed by vanjoor Maricair as his own property. The petitioners also stated that since the respondents attempted to take possession forcibly from them on 22-4-2007, they were compelled to file the Wakf O. P. for the relief of injunction.

(3.) THE petitioners in the Wakf O. P. also filed an application in LA. No. 4 of 2004 for an order of temporary injunction restraining the respondents from in any manner interfering with their peaceful possession of the property till the disposal of the Wakf O. P. In the said interim application, the respondents filed counter and produced as many as twelve documents to substantiate their case.