The Waqf Board must adhere to the rules of succession as per the waqf deed, reinforcing the principle of governance according to established customs and the intent of the waqif.

ORDER :

N. SATHISH KUMAR, J.

Challenging the order of the Waqf Tribunal partly allowing the application directing the Tamil Nadu Waqf Board to register the T.O.Mohamed Thambi Waqf, Illayangudi Taluk, Sivagangai District as a seperate waqf, prepare a proforma report showing the "Rule of Succession" to the post of mutawalli as "hereditary", conduct a detailed enquiry among the legal representatives of the waqif/founder namely late T.O. Mohamed Thambi and appoint mutatwalli for the said waqf by following the procedures prescribed under the Waqf Act, 1995 (as amended in 2013) as per the intention of the waqif.

2. The brief facts leading to filing of this revision are as follows:

2.a. One Mr.Mohammed Thambi had executed a settlement deed in respect of one acre and seventy five cents at Salaiyur, Ilayangudi to his daughter Mrs.Mohammed Mariyath Beevi with conditions that after his demise, he has to be buried in 121*120 feet strip of land, to lit a lamp regularly in his tomb and in the remaining place, a building shall be accommodated so as to conduct prayers regularly and shall offer fathiha and carried out sandals during mouludh and shall carry out activities as per islamic law. There was also a restriction that the land which is the subject matter of Waqf cannot be alienated and the income from the land shall be used for the purposes set out in the deed. Further, he has also stated that her daughter and her descendants shall carry out the above objectives.

2.b. After the demise of Mr.Mohammed Thambi, her daughter had treated the property as her own property and had tried to change the character of the property. The president of the petitioner jamath filed an application to the Waqf Board to declare the subject property as Waqf. On 21.11.1966, the Tamilnadu Waqf Board, by its order dated 21.11.1996 removed Mrs.Mariyath Beevi as Muthavalli as she acted against the interest of the Waqf and has caused eminent danger to the Waqf by demolishing the structure and compound wall and further directed the petitioner Jamath to take charge of the Waqf Property and administer the same. Challenging the said order, Mrs.Mariyath Beevi filed a suit in O.S.No.84 of 1967 on the file of Subordinate Judge, Ramanathapuram seeking for a declaration to set aside the order passed by the Tamil Nadu Waqf Board and further for an injunction restraining Jamath from interfering with the management of the property. The said suit was dismissed on 11.11.1967 confirming the order of the Tamil Nadu Waqf Board. Against the decree and judgment, appeal was filed in A.S.No.64 of 1969 before the District Judge, Ramanathapuram and the same was also dismissed on 26.06.1970.

2.c. Thereafter, Mrs.Mariyath Beevi filed a review application with the Waqf Board seeking clarification with respect to the appointment of Mutawalli. The Waqf Board declined the request and confirmed that the petitioner Jamath shall administer the Waqf as Mariath Beevi had acted against the interest of Waqf. When the matter stood thus, on 05.02.2015, the first respondent claiming to be the descendant of Mohammed Thambi filed an application alleging social activities are performed in the Waqf property. Hence, the management has to be given back to the legal descendants. The Waqf Board, by resolution No.75/2018 dated 21.07.2018 dismissed the application filed by the respondent and ordered that it would be beneficial for the Waqf that the property vest with the petiti