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Puthiya Srankintakath Sainabi – Appellant
Versus
Kerala State Wakf Board – Respondent
ORDER :
Amit Rawal, J.
1. Predecessor of the petitioners was inducted as a tenant by virtue of document No.3954/1944 by the Ediyangara Palliveettil Imbichammad Mulla of the Mosque for running shop rooms which are four (4) in numbers. A larger property including the aforementioned property in dispute was alleged to have delegated to the Wakf as per the certificate of registration issued in 1961. In 2012, the Chief Executive Officer of the Wakf Board initiated the eviction proceedings, branding the petitioners as unauthorized occupants. The said proceedings resulted into an eviction order dated 09.05.2012.
2. The aforementioned order was assailed before the Tribunal in O.S.No.4/2015 which was further renumbered as O.S.NO.70/2019. Before the Trial Court commenced the proceedings, petitioner instituted an application bearing No.64 of 2019 by taking the aid of provisions of Section 7B of the Kerala Land Reforms Act, 1963, for reference to Land Tribunal, of having acquired the ownership on long and settled tenancy. Learned Tribunal rejected the application by taking into consideration, the provisions of Section 108A of the Wakf Act.
3. Sri.Nirmal S., learned counsel appearing on behalf of th
The court ruled that tenants claiming ownership through long tenancy must be allowed to present evidence, and the Tribunal should frame issues for adjudication.
The court held that the commercial nature of a lease is preserved despite residential use, invoking protection under the Kerala Land Reforms Act, 1963.
Eviction proceedings under the Wakf Act were barred by limitation; plaintiffs established ownership through valid purchase certificates despite defendants' Wakf claims lacking substantive evidence.
The court clarified the limitations on the Muthawalli's powers to execute lease agreements and the definition of encroachment under the Kerala Wakf Rules. It also established that the petitioner was ....
Eviction under the Waqf Act must proceed through civil suits, not via applications due to statutory provisions.
Point of Law : The definition of the word ‘encroachment' under Section 54 of the Wakf Act and in para.7 to 12 defined the word ‘encroacher' and the power of Wakf Board under Section 54 of the Wakf Ac....
The plaintiff's establishment of a better title than the defendants and the inapplicability of adverse possession under Section 107 of the Wakf Act were central to the court's decision.
A property must be permanently dedicated to qualify as Wakf; absence of valid dedication or user negates claims of Wakf status.
Occupants may gain tenancy rights under S.7D if they prove lawful possession and related conditions outlined in the Kerala Land Reforms Act.
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