IMPORTANT POINTS :
The Wakf Board passed an order dated 15.01.2012 holding the second respondent to be the Muthavalli and the sheik of the Mosque in question, and further declared that the successor in office of the sheik is to be nominated by the existing sheik from the qualified persons based on the custom noticed by the Board. The petitioners though assailed the said order of the Wakf Board before the Wakf Tribunal, were not successful.

Rival claims for "Muthavalliship" and "sheikship" of a mosque situated at the Androth island in Lakshadweep is the subject matter of the litigation. The Wakf Board declared the second respondent to be the Muthavalli and the Sheik. The order was affirmed by the Wakf Tribunal. Aggrieved thereby, the petitioners before the Wakf Tribunal are in revision under S.83 of the Wakf Act, 1995.

2. "Ujra Palli" is a mosque situated in the Androth island. The mosque was established by one sheik Muhammed Khasim Valyulla, the predecessor in interest of the parties to the litigation. The parties belong to one of the ancient Tarawads of the appellant known as "Shaikinte veedu Taravad" hereinafter referred to as the "Tarawad". The said sheik Muhammed Khasim valyulla was a saintly member of that Tarawad and he established the mosque.

3. When the number of members of the Tarawad swelled up, it got divided into four thavazhies viz. (1) Shaikinteveedu thavazhi (2) Shaikinteveedu Padippura thavazhi (3) Shaikinteveedu Puthiyapura thavazhi and (4) Shaikinteveedu Cheriyapura thavazhi. The last two among the thavazhies viz. Puthiapura thavazhi and Cheriyapura thavazhi got extinct. It is not in dispute that the assets reverted to the other two thavazhies. The remaining two thavazhies got divided into sub thavazhies. The sub thavazhies under "sheikinte Veedu Thavazhi" are known as Nallakoya Thangal thavazhi, Thangakkoya Thangal thavazhi and Shaik Koya thavazhi. The last among them became extinct. The sub thavazhies under "sheikinte Veedu Padippura Thavazhi" are Muthukkoya thavazhi, Pookkoya thavazhi and Koyamakkoya thavazhi. It is not in dispute that the petitioners and respondents 2 and 3 are members of the various thavazhis. A genealogical chart showing the Tarawad and its divisions is given hereunder for an easy assimilation of the facts:-

SHEIKINTE
SHEIKINTE VEEDU PADIPPURA TAVAZHI			SHEIKINTE VEEDU TAVAZHI			SHEIKINTE VEEDU PUTHIYAPURA TAVAZHI [EXTINCT]	SHEIKINTE VEEDU CHERIYAPURA TAVAZHI [EXTINCT]
MUTHUKOYA TAVAZHI	POOKOYA TAVAZHI	KOYAMAKOYA TAVAZHI	NALLAKOYA TAVAZHI	THANGAKOYA THANGAL TAVAZHI	SHEIKKOYA TAVAZHI (EXTINCT)

4. There was an earlier civil litigation between the members in the family as O.S. 5/1987 before the Munsiff's Court, Androth wherein the present parties or their predecessors were parties, one S.v. Pookoya Thangal who was the then senior most member of the second respondent Thavazhi was the first defendant therein. The issue involved in the said suit was relating to his right to perform "Ratheeb"-a prayer conducted in the mosque, and whether the right vests exclusively with his thavazhi. In the said suit the second respondent herein was originally the fourth plaintiff. On the application of the other plaintiffs, he was later transposed as the third defendant- It may not be necessary to go into the details of the suit except to refer the decreetal portion of the judgment wherein a declaration was made to the following effect:-

"A declaration that The right of management and income from suit property belongs to the members of different tavazhies of Shaikinte veedu tarwad of plaintiffs and defendants and the right to hold the office of Shaik Ujra mosque also belongs to qualifide(qualified) members of the tarwad' is granted"

5. The trial court found that the right of management and income from the Ujra Mosque and its properties belong to members of all the thavazhies of the common Tarawad - "sheikinte veedu", of the plaintiffs and the defendants, it was also held that the right to hold the office of Sheik of ujra Mosque belongs to the qualified members of the Tarawad. The first defendant therein namely, the said S.V. Pookoya Thangal preferred an appeal before the District Court, Kozhikode as AS 5/93. The appeal was transmitted to the Sub Court, Kozhikode and renumbered as AS 22/1994. The lear