The irreversibility of wakf property transactions based on the Wakf Act's provisions prohibits alienation, upholding the integrity of religious and charitable purposes over contested claims.

JUDGMENT :

M. DHANDAPANI, J.

1. The revision petitioner in CRP (MD) No.247/08 and CRP (MD) No. 1051/2017, have assailed the judgment and decree in O.S. No.128/2005 passed by the Wakf Tribunal/Principal Sub Judge, Tirunelveli, while the appeal in TR A.S. No.222/2009 has been filed by the revision petitioner in CRP (MD) No.247/2008 against the judgment and decree in O.S. No.159/2024 passed by the Principal Sub Court, Tirunelveli.

2. Since the facts and the relief sought for in all the revision petitions and the appeal are interconnected and the outcome of revision petitions determines the outcome of the appeal, they are taken up together and disposed of by this common judgment.

3. For the sake of convenience, the revision petitioner in CRP (MD) No. 247/08, who is the appellant in Tr. A.S. No.222/09 will be referred to as ‘the Trust’ and the revision petitioner in CRP (MD) No.1051/17 will be referred to as ‘third party/revision petitioner’ and the 1^st respondent in CRP (MD) No.247/08 will be referred to as ‘Wakf Board’.

4. The properties, which is the subject matter of the present lis is alleged to have been dedicated to a wakf, which has hitherto fore landed at the hands of the Trust and other private individuals upon alienation by the power agent of the Muthavalli, which is one of the group and it is also claimed to have been sold to the third party/revision petitioner, which has further been alienated as claimed by the other group. The entire facts revolve around the properties, which have been, according to the Wakf Board, dedicated for religious and charitable purposes and are intricately interconnected.

5. It transpires from the facts culled out by the trial court in CRP No.247/08 that the suit schedule properties originally belonged to one Mohd. Meeran, who is alleged to have created a wakf in and by which the properties, which have been specified in Schedule – 1 to the wakf deed were dedicated for the purpose of religious and charitable purposes as spelt out in Schedule – 2 to the wakf deed. The said Mohd. Meeran was the first Muthavalli of the wakf and hereditary succession of Muthavalli was provided for in the wakf deed and right to change the manner in which the Muthavalli is appointed was vested in the said Mohd. Meeran alone. The Wakf Deed also provided that the said properties, which have been dedicated to the wakf shall not be alienated by any means by the Muthavalli.

6. The Wakf Deed was executed as Document No.2279 on 4.9.1919. The first Muthavalli was Mohd. Meeran and after his life time, his daughter, Fathima Sugara Beevi took over as Muthavalli and she was administering the properties of the wakf. The said Fathima Sugara Beevi breathed her last on 26.10.1929 leaving behind her four daughters and on the basis of the recitals in the wakf deed dated 4.9.1919, the eldest daughter, Amathul Jaffer Fathima took over as Muthavalli of P.M.Mohd. Meeran Wakf. The wakf was surveyed by the Wakf Board and registered as G.S. No.718/9 WB and was published in the Government Gazette.

7. Amathul Jaffer Fathima was the last Muthavalli of the wakf, as due to her ailing health, she executed a registered power of attorney dated 3.2.1982 in favour of her son, Nazrudeen. A.J.Fathima, at the fag end of her life, was residing with her second