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2003 Supreme(Ker) 352

K.S.RADHAKRISHNAN, K.PADMANABHAN NAIR
Pookoya Haji – Appellant
Versus
Cheriyakoya – Respondent


Judgment :-

1. We are in these cases concerned with the jurisdiction and powers of the Wakf Tribunals constituted in the State of Kerala by the Wakf Act, 1995. A learned single judge of this Court, C.S. Rajan, J. in Pookoya Haji v. Cheriyakoya (1999 (1) KLT 794) took the view that the Wakf Tribunal has been constituted by the Government under S.83(1) of the Wakf Act so as to decide any dispute, question or other matter relating to a Wakf or Wakf property. Learned Judge held under S.83(2) of the Act any mutawalli or any other person aggrieved by an order made under the Wakf Act or Rules may make an application to the Tribunal for the determination of any dispute, question or other matter relating to the Wakf. Judgment of the learned single Judge, C.S. Rajan, J. is appealed against in W.A.2273/99. P.R. Raman, J. another learned judge of this Court in Abdul Rahiman Musaliar v. Muhammed Sahib (2002 (3) KLT 742) while interpreting S.83 and 85 of Wakf Act took the view that only those matters which are required by or under the Wakf Act to be determined by a Tribunal the bar under S.85 would apply and for the rest of the matter Civil Court's jurisdiction is not ousted. In view of the appa
































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