Bhaskaran, J.

This revision petition raises the question as to whether the second defendant is a wakf and whether the Wakf Tribunal has jurisdiction to try the suit. The second defendant is admittedly a society registered under the Societies Registration Act formed for charitable and educational purpose. It is also governed by the rules of any one of the sections of Muslim called Safi, Hanafi, Hambali or Maliki.

2. Pursuant to a direction by this Court in C.R.P.1846/2003 to the Wakf Tribunal, Ernakulam to decide this question afresh the Tribunal considered it as a preliminary issue and found that the second defendant is a wakf and is subject to the jurisdiction of the Tribunal. This revision petition is filed by the first defendant, the President Darul Aman Islamic Complex, Kalladikode.

3. The suit is filed for the following reliefs:

1) To pass a decree declaring that the first defendant is not legally entitled to continue as Chairman of the 2nd defendant-Association.

2) To pass a decree directing the 2nd defendant to convene meeting of general body by allowing the members as on 5-7-2003 and excluding the members admitted illegally by the first defendant by making false entries in Minutes Book kept in Police Custody.

3) To pass a decree directing the 2nd defendant to conduct the meeting of the Working Committee and to discuss about the illegal action of the first defendant and to take decision thereon.

4) To pass a decree appointing a Presiding Officer to preside over the meeting of the general body by ordering the said officer to conduct the general body meeting with the members existed prior to 5-7-2003.

5) To pass a decree directing the 3rd defendant Wakf Board to appoint an officer to conduct audit of the accounts of the 2nd defendant and to recover the amounts due from the first defendant and also the order initiating of prosecution against the first defendant for illegal misappropriation of Wakf fund.

6) To pass a decree declaring that any person inducted as member by the first defendant is having no right to participate in the meeting of the 2nd defendant.

7) To pass a decree for permanent prohibitory injunction restraining the first defendant from discharging any function as Chairman of the 2nd defendant-Association expending any amounts, collecting any income, amounts, etc.

8) Grant such other reliefs as may be prayed for and which this Honourable Tribunal deems fit and proper in the interest of justice during the course of the trial of this suit.

4. In the plaint it is stated that the plaintiffs are the Working Committee Members and office bearers of Darul Aman Islamic Complex which is a wakf registered under the Literary and Charitable Societies Registration Act. Though the nomenclature Islamic Complex is used, the provisions in the byelaw clearly showed that it is a wakf and the Managing Committee is a Muthawalli Committee. The rest of the averments in the plaint relates to the complaint against the first defendant and the attempts of the plaintiffs to convene general body etc. which are not very material for the decision of the issues involved in this revision petition.

5. In the written statement the first defendant contended that the 2nd defendant is not a wakf. The properties are not registered with the Wakf Board. The properties of the 2nd defendant have not been permanently dedicated for the purposes recognized as pious, religious, charitable with an intention to create wakf. The 2nd defendant is a charitable society registered under the Literary and Charitable Societies Registration Act, 1860. The Ist defendant is the founder President. The Ist defendant and other founder members never intended to establish a wakf institution and to dedicate the properties as wakf. Since the 2nd defendant is not a wakf, the Tribunal has no jurisdiction to try the suit. The other averments in the plaint are also denied in the written statement.

6. Therefore the question to be considered is whether the Darul Aman Islamic Complex