A. V. Latheef vs Islamic Propagation Centre

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2020 Supreme(Ker) 782

A. V. Latheef – Appellant
Versus
Islamic Propagation Centre – Respondent

Advocates:
Advocate Appeared:
For the Petitioner: Sri.V.V.Surendran, Sri.P.M.Padmanabhan, Advs.
For the Respondent: Shri.T.K.Saidalikutty, SC, Waqf Board, Adv.

ORDER :

T.R. Ravi, J.

An interesting question arises for consideration in this revision petition. The petitioner who had executed a document styled as a Wakf Deed and cancelled it later by another document, filed a suit before the Wakf Tribunal (hereinafter referred to as Tribunal) seeking to cancel the Wakf. He has been non-suited citing the principle "Once a Wakf, always a Wakf". We are called upon to examine whether the said principle is one which does not permit any exception.

2. The facts are uncontroverted since none of the respondents chose to contest the suit. The revision petitioner executed a document in favour of the 1st respondent, purporting to be a Wakf deed and got it registered as Document No.380 of 2010 of SRO, Payyoli (produced as Ext.A1 in the suit). Subsequently, he executed another document as document No.2075 of 2011, cancelling Ext.A1. The possession continued with the petitioner. The 1st respondent did not exercise any right of possession over the property nor were any steps taken to effect transfer of Registry. The petitioner thereafter approached the Tribunal praying for cancellation of the Wakf Deed.

3. The 1st respondent remained ex parte. The 2nd respondent