High Court Kerala High Court

Athutti Mohiyuddeen Palli … vs Athutti Mohiyuddeen Palli … on 3 November, 2009

Kerala High Court
Athutti Mohiyuddeen Palli … vs Athutti Mohiyuddeen Palli … on 3 November, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

CRP.No. 387 of 2008()


1. ATHUTTI MOHIYUDDEEN PALLI SAMRAKSHANA
                      ...  Petitioner
2. L.K.KUNHABDULLA,  S/O.AHMED HAJI,
3. P.MUSTHAFA, S/O.ABDUL RAHIMAN,
4. P.MUSTHAFA, S/O.ABDUL RAHIMAN,
5. K.M.ABDUL JABBAR, S/O.MUHAMMED KUNHI,

                        Vs



1. ATHUTTI MOHIYUDDEEN PALLI SAMRAKSHANA
                       ...       Respondent

2. N.M.ABDUL RAZAK, S/O.LATE MOHAMMED,

3. N.SHAHUL HAMEED MOULAVI,

4. THE KERALA WAKF BOARD, NEAR JAWAHARLAL

                For Petitioner  :SRI.N.SUBRAMANIAM

                For Respondent  :SRI.R.RAMADAS

The Hon'ble MR. Justice P.R.RAMAN
The Hon'ble MR. Justice P.R.RAMACHANDRA MENON

 Dated :03/11/2009

 O R D E R
       P.R. RAMAN & P.R. RAMACHANDRA MENON, JJ.
             ...............................................................................
                   C.R.P.Nos. 387 & 388 OF 2008
              .........................................................................
                    Dated this the 3rd November, 2009



                                         O R D E R

P.R. Raman, J:

Athutti Mohiyudheen Palli Samrakshana Committee

represented by L .K. Kunhabdulla,styled himself as the President,

and others are the petitioners in both the Civil Revision

Petitions. The respondent in C.R.P. No. 387 of 2009 is the very

same Committee, as mentioned above, represented by N.M.

Abdul Razak. Both these Civil Revision Petitions arise out of a

common order passed in I.A.No. 1047 of 2007 in O.S.No. 38

of 2007 and I.A.No. 1138 of 2007 in O.S.No. 45 of 2007.

2. O.S.No. 38 of 2007 is filed by the respondent in C.R.P.

387 of 2008, whereas O.S.No. 45 of 2007 is filed by the

petitioners herein. Both the suits are for permanent prohibitory

injunction, seeking to restrain the other from obstructing the

C.R.P.Nos. 387 & 388 OF 2008

2

management and administration of Madrassa. Temporary

injunction applications were also filed along with the Suits by

the respective parties, seeking to restrain others from causing

obstruction to the Management until disposal of the suit.

Evidently, both the plaintiffs in the respective suits were claimed

to be in the management. I.A.s were accordingly heard together

and disposed of by a common order, by which the Wakf Tribunal

allowed the application filed by the plaintiff in O.S.

38 OF 2007,(the respondent herein) and dismissed the interim

injunction petition filed by the petitioners herein. Hence these

Revision Petitions.

3. The learned Counsel appearing for the petitioners

contended that the Tribunal did not consider the materials on

record in its entirety before forming any prima facie finding

regarding as to who was in management and administration of

the Madrassa. According to him, the alleged brake opening the

lock by the petitioners, as a result of which, the Madrassa was

not functioning for a short while, has influenced the mind of the

Court in rejecting the application for injunction filed by the

C.R.P.Nos. 387 & 388 OF 2008

3

petitioners herein. According to him, the findings regarding the

alleged break opening the lock itself is contrary to the evidence

in the case.

4. Per contra, the learned Counsel Shri R. Ramadas,

appearing for the respondents contended that the Court below

has considered all the relevant aspects of the matter and the

documentary evidence produced in the case in arriving at a prima

facie finding as to who was in administration of the affairs of

the Madrassa. In so far as the finding cannot be characterised

as perverse, interference is not warranted in these revisions.

They also filed I.A.No.1269 of 2009 seeking to produce

additional documents to support the impugned order passed by

the Court below. But we do not think in the factual situation that

it is necessary to allow the said contention or to allow the said

petition seeking permission to produce the documents since the

Court below had no occasion to consider those documents while

passing the impugned order. Therefore, correctness or

otherwise of the order has to be decided based on the materials

available on record. It is open to the respondents, if at all they

C.R.P.Nos. 387 & 388 OF 2008

4

support the case of the respondents, to produce it in the final

adjudication of the dispute between the parties in the Suit.

Therefore this I.A. is dismissed.

5. Now coming to the question as to whether the order

passed by the court below is liable to be interfered in these

Revisions, it has to be noticed as to whether the court below has

considered the cardinal principle, viz., the balance of convenience

and also prima facie case, while deciding the matter at the

interlocutory stage.

6. Both sides have produced voluminous documents in

support of their contention. Altogether 38 documents were

produced by the plaintiff in O.S.No.38 of 2007, whereas the

petitioners herein as plaintiffs in O.S. 45 of 2007 has produced

8 documents, besides Ext.C1 Commission Report and Ext.C2

Plan. To arrive at a finding as to who was in the

administration, the Tribunal has elaborately considered all these

documents. Reference was made to Exts. A24 to 30 electricity

bills, Ext.A31 receipt produced in O.S.No.38 of 2007 (to show

possession of the plaintiffs therein), Ext.A32 telephone bill,

C.R.P.Nos. 387 & 388 OF 2008

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Ext.A35 and 36 basic tax receipts issued in the name of the

President of Mohiyudheen Palli Samrakshana Committee and

Mohiyudheen Juma-ath Palli Committee respectively. Of course,

the name of the President is not mentioned in those documents.

Reference was also made to the General Body meeting held for

electing a new Committee and the resentment expressed by few

members belonging to the petitioners’ group expressing non co-

operation for the reasons stated in the letter issued which are

Exts. A14 to A16. Even though those letters are denied by the

petitioners herein, at this stage, it may not be necessary to

conclusively say whether or not such letters were issued by the

petitioners herein and the same will be considered in the Suit.

7. The prima facie case, as found by the Court below

cannot be interfered with at this stage. The documents, viz.,

electricity bill, receipt thereof as also the alleged election said to

have been conducted and the resentment expressed in the notice

(though to be accepted finally subject to the opportunity being

given to the other side in the final suit) would show that the

finding of the Tribunal is not perverse warranting interference

C.R.P.Nos. 387 & 388 OF 2008

6

by this Court. However, since the purpose of evaluating the

evidence at this stage is only to find out the prima facie case,

detailed examination of these documents will have to be made

while answering the issues arising for consideration in the main

suit. Therefore, we do not find any good reason to interfere with

the impugned order passed by the Tribunal. However, we make

it clear that the observation and finding of the Court

below/Tribunal will be limited to the finding of the prima facie

case and the Tribunal will consider the entire matter de nova,

untrammeled by any of the observations made in the impugned

order, at the time of considering the main Suit.

The Civil Revision Petitions are disposed of as above.

P.R. RAMAN,
JUDGE.

P.R. RAMACHANDRA MENON,
JUDGE.

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