This leave to appeal application emanates from the Order of the Wakf Tribunal dated 06.04.2024 where the Tribunal appointed a receiver, removing the Trustees from the Management and required the Petitioners who are the Trustees to hand over the possession of the property at Maharagama to the said receiver.

This application deals with the N.D.H. Abdul Ghaffoor Trust established by the Deed of Trust No. 2125 dated 21.11.1935 attested by John Wilson, Notary Public of Colombo. This Deed of Trust involves two properties namely a plantation land (comprising of 3 buildings on one end thereof and a plantation on the remainder) of a total of 17 Acres in extent, situated at Maharagama and more fully described in the First Scheule of the said Trust Deed and a prime commercial land of approximately 386 perches (2 ½ acres) situated in Grandpass, Colombo 14 and more fully described in the Second Scheule of the said Trust Deed.

The Petitioners state that several old boys of the Gaffooriya Arabic College which is a property described in the First Scheule of the said Trust Deed have made several applications against the trustees of the said Trust in the Wakf Tribunal.

The Petitioners state that the Plaintiff- Respondents who are claiming to have interest in the said Trust, filed a plaint in the Wakf Tribunal in case bearing No. WT/297/2023 inter alia seeking as one of the prayers to appoint a receiver for the better custody and management of the properties described in the Trust. The Tribunal delivered its order dated 06.04.2024 marked as P23 inter alia appointing a receiver by removing the Trustees from the Management and requiring the Petitioners to hand over the possession of the property at Maharagama to the said receiver.

The Petitioners have preferred the present leave to appeal application against the said order of the Wakf Tribunal dated 06.04.2024 marked as P23 to set aside the same and seek an interim order staying the operations of the said order and the proceedings of the Wakf Tribunal Case bearing No. WT/297/2023.

We are mindful that a number of cases have been filed against the trustees in the Wakf Tribunal. Against the orders of the said Wakf Tribunal, several cases have been filed in the Court of Appeal to quash the said orders.

In LTA/06/2021 connected with the Wakf Tribunal Case No. WT/273/2020 which deals with the same Trust Deed where the Petitioners in this Case have challenged the order of the Wakf Tribunal dated 04.02.2021 and sought an interim order on the basis that the said Deed of Trust bearing No. 2125 is not a Muslim Charitable Trust. For convenience, the said order of the Court of Appeal is reproduced below.

“This application is filed by 1 to 11" Respondent Petitioners among several other reliefs seeking to impugn the order of the Wakfs Tribunal dated 40 . February 2021 ('P9*). The Respondent-Petitioners also sort the interim - and/or stay orders prayed for in prayer (f), (g), (i), (), (k) and (1) of the Petition. This Court has already issued the interim order prayed for in prayer (g) of the Petition, on 10" February 2022 and has been extended from time to time.

Having carefully considered the submissions made by the learned Counsel for the Appellant, learned State Counsel for the 1st Respondent and the learned Counsel for the 3rd to 7th Respondents, we are of the view that, prima facie there is a serious question of law need to be, gone into by this Court as to whether the Deed of Trust bearing No. 2125 dated 21st November 1935, attested by John Wilson, Notary Public (‘PI') is or not a Muslim Charitable Trust or Wakf.

Consequently, the issue arises as to whether the appointment of the new Management Committee of Ghaffooriya Arabic College is lawful, and also whether the Wakf Tribunal has jurisdiction to accept, hear and determine the application made by the applicant respondent and to make the impugned order marked ‘P9’

Accordingly, we formally issue notice on the respondent's name in the petition of this court.

Further, i