IN THE HIGH COURT OF KERALA AT ERNAKULAM
CRP.No. 767 of 2005()
1. K.A. KUTTY MOOSA HAJI, AGED 68 YEARS,
... Petitioner
Vs
1. PUSHPI, AGED 46 YEARS,
... Respondent
2. KERALA WAKF BOARD,
For Petitioner :SRI.P.CHANDRASEKHAR
For Respondent :SRI.A.A.ABUL HASSAN, SC, WAKF BOARD
The Hon'ble MR. Justice PIUS C.KURIAKOSE
The Hon'ble MR. Justice P.S.GOPINATHAN
Dated :02/11/2010
O R D E R
PIUS C. KURIAKOSE &
P. S. GOPINATHAN, JJ.
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C. R. P. No.767 of 2005
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Dated this the 2nd day of November, 2010
ORDER
Pius C. Kuriakose, J
Under challenge in this revision filed under
Section 83(9) of the Wakf Act by the plaintiff is
the judgment and decree of the Wakf Tribunal,
Kollam dismissing a suit for recovery of plaint
schedule property from the first defendant in the
suit. The learned Tribunal under the impugned
judgment has upheld the plea of the first
defendant that the suit property belonged to her
absolutely on the date of the suit and accordingly,
dismissed the suit on merits. We notice the
judgment of the Supreme Court in Ramesh
C. R. P. No.767 of 2005 -2-
Gobindram v. Sugra Humayun Mirza Wakf (2010
(3) KLT 862 (SC). According to us, in view of that
judgment, the present suit instituted by the
petitioner/plaintiff for recovery of possession of
Wakf Property asserting the property to be Wakf
Property cannot be maintained by the Wakf
Tribunal. In other words, the impugned judgment
can be sustained on that short reason without
examining the correctness of the finding by the
learned Tribunal on the question whether the first
defendant is having title or not. Modifying the
impugned judgment to that extent, we sustain the
judgment dismissing the suit holding that the suit
is not maintainable in view of the judgment of the
Supreme Court in Ramesh Gobindram v. Sugra
C. R. P. No.767 of 2005 -3-
Humayun Mirza Wakf (2010(3) KLT 862 (SC).
PIUS C. KURIAKOSE
JUDGE
P. S. GOPINATHAN
JUDGE
kns/-