Proceedings involving waqf properties are invalid if the Waqf Board is not notified, and all statutory requirements must be addressed by the Tribunal.

JUDGMENT :

Amit Rawal, J.

The present C.R.P. (Wakf) is directed against the judgment of the Tribunal dated 24.08.2023 in W.O.S. No.430 of 2019, whereby the suit instituted by the petitioner-plaintiff in W.O.S. No.31 of 2015, renumbered as W.O.S. No.430 of 2019, seeking a declaration that Purchase Certificate No.456 of 1976 dated 10.05.1976 issued by the Land Tribunal, Paravoor in S.M. Proceedings No.1428/75 is null and void, and further praying for a direction to defendants 1 to 13 and 15 to 18, their assignees and successors-in-interest, to hand over possession of the plaint schedule properties, as well as for a permanent injunction restraining the defendants, their men, agents, assignees and successors-in-interest from alienating or encumbering the said property, has been dismissed.

2. The suit aforementioned was based on a premise that the first plaintiff is a Waqf registered with the Kerala State Waqf Board with Registration No.3172 /RA and the 2^nd plaintiff is its President. The Waqf has a property measuring 4 Acres and 23 cents of landed property in Sy.No.391/14 vide Patta No.1207 which is as per the pleadings included in the waqf register maintained by the Waqf Board. One Sri. Kunjumuhammed Moulavi was the Imam and Khatheeb of the 1^st plaintiff Jama-ath for a pretty long time. The Jama-ath had constructed a house in a 3 cents of land in the mosque compound for providing accommodation to the Khatheeb and family in which late Kunjumuhammed Moulavi and his family, earlier his father Ahamad moulavi and his family was permitted to reside and did not have any title or interest over the property as his status was only a Imam neither he was a Kudikidappukaran or cultivating tenant as contemplated under the provisions of the Kerala Land Reforms Act.

3. In the year 2007, the office bearers of the 1st plaintiff Jama-ath came to know that, out of the total extent of 4 Acres 23 cents of land, an extent of about 1 Acre comprised in Sy. No. 391/14 of Karumalloor Village (formerly Ayiroor Village) in Paravoor Taluk had been dealt with by late Kunjumuhammed Moulavi, by virtue of a purchase certificate by initiating proceedings under Section 72MM (7) of the Kerala Land Reforms Act and along with the then President and he said land was transferred in his name. Upon his death, devolved upon his legal heirs, who thereafter effected further transfers, ultimately resulting in respondent Nos. 10 to 13, 15 and 16 acquiring rights over the said property from the legal heirs of Kunjumuhammed Moulavi. In other words, the Kunjumuhammed Moulavi in those 72MM proceedings managed to obtain the purchase certificate in his name in the year 1976 in OA No.1428 of 1975 without issuing notice to the Waqf Board with whom the waqf was already registered since 1961. However the factum of the purchase certificate was not known at the relevant point of time ie., in the year 2007, gave a cause of action to the then President to submit OP No.100/2007 for taking a necessary action for recovery of the property. In those proceedings, the factum of the purchase certificate in 1976 in respect of 89 cents of land comprised in Sy.No.391/14 was revealed. Accordingly, a statutory appeal before the Appellate Authority (Land Reforms) Alappuzha bearing No.25 of 2008 under Section 102 of the Kerala Land Reforms Act was preferred to set aside the certificate of purchase No.456/1976 da