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2005 Supreme(Ker) 557

R.BHASKARAN, K.P.BALACHANDRAN
Haji P. Liakath Alikhan – Appellant
Versus
K. Unneenkutty Saquafi – Respondent


Judgment :-

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 entr













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