First defendant in O.S.422 of 1982 of the Munsiffs Court, Muvattupuzha is the appellant. Plaintiff (respondent) filed the suit for permanent injunction restraining defendants 1 and 2 from constructing any building in the plaint schedule property on the ground that it is a wakf property. The trial Court decreed the suit and it has been confirmed by the II Addl. Sub Judge, Ernakulam in A.S.155 of 1985.

2. Plaint schedule property belonged to the 2nd defendant. He gifted the property along with other items to the Gist defendant. First defendant executed Ext .A-1 settlement deed in favour of his father second defendant giving him the right to take income from the properties during his life time. There are stipulations in Ext.A-1 that after the death of the second defendant one item of property (plaint schedule property) is dedicated for the purpose of a jammath mosque, that the income from the second item to be utilised for payment of salary to the teachers in the Madras a and the income from the third item to be utilised for a public library. Plaintiff a member of the jamaath contended that the first defendant has no right to cancel Ext.A-1 as the properties were dedicated