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2016 Supreme(Ker) 111

THOTTATHIL B.RADHAKRISHNAN, ANU SIVARAMAN
KERALA STATE WAKF BOARD – Appellant
Versus
RAJESH – Respondent


Advocates Appeared:
For the Revn. Petitioner:SRI. T. KRISHNAN UNNI, SENIOR ADVOCATE, SRI. M.M. SAIDU MUHAMMED, SC, WAKF BOARD, SRI. A.A. ABUL HASSAN, SC, WAKF BOARD.
For the Respondents: SMT. SHAHNA KARTHIKEYAN, SRI. V. ARUN, SRI. M. GOPIKRISHNAN NAMBIAR, SRI. T.H. ABDUL AZEEZ, SRI. M.A. MOHAMMED SIRAJ, SRI. M. ISHA.

ORDER :

Thottathil B. Radhakrishnan, J.

1. These revisions are filed under the proviso to Section 83(9) of the Wakf Act, 1995, hereinafter referred to as the 'Act'. The first among the captioned matters is by the Wakf Board and the second is by an individual who claims to be a descendant of the testator of a Will which we would hereinafter refer to as 'Will', in view of the dispute between the parties whether the bequest made thereunder also amounts to a wakf. The fact that she is a descendant of the said person is not in dispute before us.

2. Abdul Sathar Haji Moosa executed the Will on the 25th of the 2nd month (Kanni) of 1099 ME corresponding to 1924 AD. The relevant facts for the purpose of considering the proceedings of the court below are that the said Will creates an institution by name 'Abdul Sathar Haji Moosa Sait Dharmasthapanam'. That was registered with the Wakf Board. An application was filed for sale of a part of the property included in the B Schedule of that Will. That parcel is referred to by parties as 'Sathar Island'. Application was filed by the institution before the Wakf Board for sanction to sell Sathar Island. That was granted. Certain negotiated sales did not










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