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2017 Supreme(Ker) 39

V.CHITAMBARESH, SATHISH NINAN
Ismail Hajee Essa Trust – Appellant
Versus
Muslim Educational Society (Registered) Calicut – Respondent


Advocates Appeared:
For the Appellants : Sri. M. Ramesh Chander, Smt. Sanjeetha K.A., Sri. Aneesh Joseph, Smt. Dennis Varghese
For the Respondents: Sri. R.D. Shenoy, Sri. Babu Karukapadath, Sri. K. Jayakumar, Smt. M.A. Vaheeda Babu, Sri. Jagan George, Sri. K.A. Noushad, Sri. P.G. Pramod

JUDGMENT :

Chitambaresh, J.

The controversy in regard to the land, the buildings as well as the administration of M.E.S. Asmabi College, school, hostel etc. needs to be quelled soon lest the students are put to peril. The suit property of extent 25 acres is situate in Kodungallur in Kerala wherein the tourists flock to see the oldest Mosque in India - Cheraman Juma Masjid - built by Malik bin Dinar in 629 AD.

2. 'Ismail Hajee Essa Trust' [hereinafter referred to as 'the Trust'] was founded by one Mr. Essa Ismail Sait with the laudable object of establishing educational institutions. Vast tracts of land lying contiguous were purchased for the purpose under Exts.B1 to B9 sale deeds and structures partially constructed. The defendants thereafter completed the construction and put up additional structures wherein a college, school and hostel are being run. Disputes arose as regards the management of the educational institutions which has eventually paved the way for the suit at the instance of the Trust. The suit as amended is one for declaration of title as well as the right of management of the institutions and also for recovery of possession.

3. The defendants who are the Society and it































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