Women can act as mutawalli of a Wakf.

First defendant in O.S.No.905 of 1995 on the file of the Principal Munsif Court, Nagercoil is the appellant herein.

2. Suit filed by plaintiff was one for permanent prohibitory injunction restraining first defendant and his men from interfering with the peaceful possession and enjoyment and administration of plaintiff over plaint property in any manner and for incidental reliefs.

3. Plaint wchedule property is a wakf property and it is a private Wakf called ‘Sena Pillai Yusoof Saheb Wakf’ and the same is registered as G.S.34 kan before the Tamil Nadu Wakf Board. The Wakf was found by plaintiffs paternal grand father late Yusoof, son of Sena Pillai. He purchased the scheduled property in the name of the grand Muslim Saint Mohideen Andakai in the year 1936 and constituted himself as first mutawalli of the Trust. He was celebrating the birth anniversary of the said Mohideen Andakai and was observing and conducting the functions during his life time.

4. The founder Yusoof died about 53 years back and at the time of the death, he nominated his elder son Mohammed Kasim as mutawalli. He was asked to enjoy the plaint property during his life time and asked him to perform birth anniversary of Mohideen Andakai and was also asked Mohammed Kasim to perform annual Fateha’ (credital of prayer) for the welfare of his soul) regularly. It is further said that after his life time his elder son should take possession and enjoy the property and observe functions regularly. Tamil Nadu Wakf Board has notified the plaint property as wakf property and issued notice to plaintiffs father to submit the accounts for the charitable expenses. Plaintiffs father submitted the accounts and has also paid contribution to the Wakf Board. He died in the year 1990. Mohammed Kasim at the time of his death appointed plaintiff as next mutawalli, he being the eldest son. Ever since 1990, plaintiff is in enjoyment of the property and is performing two functions viz., the birth anniversary of Mohideen Andakai and the death anniversary of the founder. For the said purpose, he has taken possession of plaint properties. Appellant who is the first defendant in the suit is the brother of plaintiffs father and he is now putting forward a claim over plaint property as mutawalli. According to plaintiff, defendant is not entitled to any right and since he is in exclusive possession, first defendant is to be restrained by a decree for permanent prohibitory injunction from interfering with his right. It is also said in the plaint that even first defendant has any right over property, the same is also barred by limitation and adverse possession.

5. Along with the suit, plaintiff also moved an injunction application and obtained an order of interim injunction.

6. In the detailed written statement filed by first defendant he admitted that the plain property is a private Wakf and wakf is also founded by his father. But he denied the fact that late Yusoof has nominated plaintiffs father as mutawalli. According to appellant, even during the life time of Yusoof, he wanted to make arrangements for management of wakf and on his death, his widow along with plaintiffs father had executed an agreement making provisions of Management of Wakf property. A document was executed making provisions for the same on 24.9.1119 ME. As per the provisions of the deed. Yusoofs widow Thaha Beevi was to manage the Wakf during her life time and on her death, it has to be managed by plaintiffs father for a period of 7 years and thereafter by first defendant for another period of 7 years. The management will have to be taken up by them in turn. It is said that Thaha Beevi died in March, 1974 and plaintiffs father was discharging the duties as mutawalli till 1981. From April, 1981, appellant was performing his duties as mutawalli and whileso when he got a job abroad, he authorised his brother to discharge the duties as mutawalli. In view of the untimely death of Mohamed Kasim, i.e., plaintiffs father