A. Hariprasad, J.

1. "Can a mutawalli of a wakf voluntarily transfer/release his mutawalliship during his life time in favour of another person or committee formed from among the members of the congregation without any express power conferred on him to do so?

This is the precise legal question that arises for consideration in this civil revision.

2. Relevant facts in short: Defendants 1, 2 and 4 in O.S.No.30 of 2012 before the Wakf Tribunal, Kozhikode (in short, "the Tribunal") are the revision petitioners. Plaintiff and defendants 3 and 5 are the respondents. 1st respondent/plaintiff claimed that he is the mutawalli of Puzhakkara Kammadath Juma Masjid (in short, "the Mosque"). Admittedly it is an ancient Mosque. 1st respondent/plaintiff contended that the plaint schedule property was dedicated as wakf in ancient times by members of Puzhakkara Tarwad who followed Mappila Marumakkathayam. From the time of construction of the Mosque, it was being managed by the eldest male member of the Tarwad as hereditary mutawalli. While so, a partition deed was entered into between the members of the said Tarwad and Cheenamadathu Tarwad in the year 1945. That is Ext.A1. It is written