Jameela vs Faroke Mahal Juma Masjid Committee on 10 July, 2025

[Cites 19, Cited by 0]

Kerala High Court

Jameela vs Faroke Mahal Juma Masjid Committee on 10 July, 2025

The present civil revision petition is directed against the judgment and decree dated 26.08.2017 rendered in O.S.No.24 of 2013, dismissing the suit for declaration and the order of the Chief Executive Officer of the Wakf Board dated 10.12.2012 in enquiry proceedings bearing No.3727 of 2002.

2. The brief facts of the case is as under:

The plaint schedule property having an extent of 21.31 cents of land comprised in Re-Sy.No.379/1 along with the larger extent belonged to one Veeran and subsequent to his death, his legal heirs, in the year 1937, i.e; vide partition deed No.1392/37 dated 29.01.1937 Ext.A1 partitioned the property. Item Nos.17 to 23 in the partition deed were set apart to Mamu and Ettiyattu Pathumma, whereas the plaint schedule property was shown as item No.19. In the year 1941, a kanam was also created by the Jenmi of 2025:KER:51078 C.R.P.(Wakf) No.448 of 2018 4 Kochi Raja of Kovilakam in favour of Ahmmed Kutty, the great grandfather of the plaintiffs.It is pertinent to mention that, in 1951, again a partition deed was executed by senior Ahmmed Kutty and others. In 2002, an enquiry petition referred to above was instituted at the instance of a Jama-ath called Feroke Mahal Juma Masjid Committee against Ittiyatu Mammu, since dead and represented by the LRs, seeking registration of the property as Wakf on the basis of two documents dated 25.09.1911 vide Ext.A3, alleged kanam/lease deed executed by Ahammed Kutty to Muhammed Haji Thangal and Ext.A4 dated 19.02.1917, a Wakf Deed executed by Nalakath Khadimun Islam Haji Muhammedbena Moulavi Kalantharil Hamadani., which saw the light of the day only in those proceedings which In 2003 again Ettiattu Ayissa Beevi Umma had executed a joint lease deed in favour of Ettiyattu Mammu. As per the provisions of Section 7A and 7B of the Land Reforms Act, 1963, the tenancy/occupancy rights on the basis of the long and 2025:KER:51078 C.R.P.(Wakf) No.448 of 2018 5 settled possession were conferred and a purchase certificate bearing No.154/92 was issued by Land Tribunal, Beypore on 29.04.1992 Ext.A16. Till such time, there was no dispute. Even in 2007, the building tax was also paid by the petitioners as per Ext.A19.

3. The notice of such proceeding was issued to the petitioners who were arrayed as respondents in the afore enquiry petition and claimed that these documents cannot be looked into for the reason that they have acquired the ownership of the property by virtue of a purchase certificate, thus neither there was any dedication or any wakf by user and therefore cannot be declared to be a wakf property and registered in the records of the Wakf Board. Only sixteen (16) cents of land is being used as pond and remaining land as a barren land and half of the land is divided by way of the National Highway. There is no mosque on the aforementioned property which is about 728 feet away from the pond.

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4. The aforementioned pleadings and the arguments/submissions were rejected by the CEO and vide order dated 10.12.2012,ordered to be registered. The aforementioned order was assailed along with the suit for declaration as there was a cloud on the title of the petitioners who are respondents by filing the original suit No.24 of 2013. The stand of the parties in the suit as well as of the respondents in the enquiry proceedings had been same as it had been before the CEO, except that following umpteen number of documents were placed on record as given in the appendix. For the sake of brevity, they are extracted hereunder;

Petitioner' Exhibits A1 29/01/37 Partition deed executed by Ahammed Kutti and other A2 03/08/51 Copy of partition deed No.2620/51 executed by Ahammed Kutti and other A3 25/09/11 Copy of Registered lease deed executed by Ahammed kutty to Muhammed Haji Thangal A4 19/02/17 Copy of Wakf deed executed by Nalakath Khadimun Islam Haji Muhammedbena Moulavi Kalanthari Hamadani A5 12/06/00 Copy of Order in IA 2072/2000 in O.S 2025:KER:51078 C.R.P.(Wakf) No.448 of 2018 7 304/2000 of Munsiff Court-II, Kozhikode. A6 02/07/03 Joint release deed executed by Ettiattu Ayissa Beevi Umma to Ettiyattu Mammu A7 10/12/12 Copy of order in EP 3727/02 of Kerala State Wakf Board A8 02/04/13 Lawyer's Notice and Postal receipt sent to Kerala state Wakf Board A9 10/07/86 Land Tax Receipt A10 18/02/85 Land Tax Receipt A11 11/01/84 Land Tax Receipt A12 24/05/85 Land Tax Receipt A13 12/02/79 Land Tax Receipt A14 18/02/83 Land Tax Receipt A15 15/03/78 Land Tax Receipt A16 29/04/92 Certificate of purchase No.154/92 issued from Land Tribunal, Beypore A17 28/04/41 Copy of deed No.1366/1941 executed by Jenmi of Pachijare Kovilakam in favour of Ahammed Kutti A18 29/02/88 Land Tax Receipt A19 26/02/07 Building Tax Receipt Defendants Exhibits B1 29/09/03 Certified copy of order in I.A 1509/03 in O.S 304/2000 of Munsiff Court-II, Kozhikode.

B2 18/06/04 Certified copy of judgment in O.S 304/2000 of Munsiff Court-II, Kozhikode B3 Original receipts from Kerala State (series) Electricity Board (18 nos) Court Exhibits C1 12/07/03 Commission report C1(a) 12/07/03 Sketch 2025:KER:51078 C.R.P.(Wakf) No.448 of 2018 8 III party Exhibits X1 12/07/03 Wakf Board file x1(a) 12/07/03 Page No.39, 40, 41 of Ext.X1 file X1(b) Page No.143 to 145 of Ext.X1 file X1(c) Page No.205 of Ext.X1 file X1(d) Page No.417 to 431 of Ext.X1 file X1(e) Page No.363 of Ext.X1 file.

5. Learned Tribunal framed the following issues:

(1) Whether the suit is maintainable?

(2) Whether the plaint schedule property is a wakf property?

(3) What is the order as to reliefs and costs?

Findings on all the aforesaid issues have been rendered against the petitioners/plaintiffs and suit was dismissed by the Tribunal. It is in that background, the present civil revision petition has been filed.

6. Mr.P.Viswanthan, learned Senior Counsel assisted by Mr.Sayed Mansoor Bafakhy Thangal 2025:KER:51078 C.R.P.(Wakf) No.448 of 2018 9 submitted that the Land Tribunal despite giving a finding in paragraph (22) that the Wakf deed could not have been executed as the executant of the Wakf deed did not have the title, dismissed the suit. Ext.A3 document has not been proved in accordance with law, as neither any witnesses nor any person endorsing or recognizing the signature of Ahammed kutty executing the alleged release deed/kanam in favour of Muhammed Haji Thangal have been examined. Even otherwise, Ext.A4 dated 19.02.1917, alleged wakf deed was not executed by Muhammed Haji Thangal but by one Nalakath Khadimun Islam Haji Muhammedbena Moulavi Kalantharil Hamadani and this fact is proved from the perusal of the pleadings in paragraph 6 of the written statement filed by the defendants. Section 102 of the Land Reforms Act provides a remedy for filing an appeal against the order of the Land Tribunal. Purchase certificate has been issued on the basis of the order of the Land Tribunal and in the absence of any challenge, the same becomes 2025:KER:51078 C.R.P.(Wakf) No.448 of 2018 10 final. Simple suit for declaration and consequential relief of challenging the document without availing the remedy of appeal under sub-section 2 of Section 83 is maintainable as enquiry proceedings had cast a cloud on the title of the property and as per provisions of Section 34 of the Special Reliefs Act and as well as the fact that the jurisdiction of the civil court is ousted, only Tribunal has the jurisdiction to entertain and try the suit, there was no occasion on behalf of the petitioners to challenge the order of the Chief Executive Officer in an appeal for the reason that it was without jurisdiction as, the ingredients of Section 36 much less Section 40 of the Wakf act were not duly complied.

7. The alleged enquiry conducted under Section 40 is on record as Ext.X1 and the report thereof do not reveal the location of the mosque or the survey number whereas re-survey number 379/1 is 21.31 cents of land, out of which only 16 cents is 2025:KER:51078 C.R.P.(Wakf) No.448 of 2018 11 being used for the pond.

8. Neither the document Ext.A3 or A7 mention any survey numbers with regard to the alleged lease deed as well as the dedication. As per the Wakf Act, there was no such dedication as Ext.A3 was only for a limited purpose and that is also for easmentary rights and expiry of the period to be returned back. No proceedings of the Committee had been placed on record establishing that the pond was ever used as a religious, pious and charitable purpose and could be declared as Wakf by user. All these factors if had been looked into cumulatively, there would have no occasion for the court below to dismiss the suit.

9. On the other hand, Mr.Feroz, assisted by Mr.Jamsheed Hafiz, learned counsel appearing on behalf of the respondents, submitted that the property is a Wakf by user, if not by dedication, the enquiry report as required to be obtained while declaring the property as Wakf as per the provisions of Section 40 of the Wakf Act, had been obtained.

2025:KER:51078 C.R.P.(Wakf) No.448 of 2018 12 Muhammed Haji Thangal and Nalakath Khadimun Islam Haji Muhammedbena Moulavi Kalantharil Hamadani referred to as Ext.A3 in enquiry is one and the same person and therefore, the execution of the Wakf deed was justified. There was no objection with regard to the execution of Ext.A3 into wakf and therefore the objection with regard to non-examining of the witnesses or ascertaining the veracity of the signatures of the executor do not stand.

10. The Kerala Land Reforms Act exempts certain parcels of land including the Wakf land and as per the provisions of Section 2 (22) "kanam" means the transfer for consideration, in money or in kind or in both, by a person of an interest in specific immovable property to another person, and 'described in the document' evidencing the transaction as kanam or kanapattam, the incidents of which transfer include, a right in the transferee to hold the said property liable for the consideration paid by him or due to him; the liability of the transferor to pay to 2025:KER:51078 C.R.P.(Wakf) No.448 of 2018 13 the transferee interest on such consideration unless otherwise agreed to by the parties and such transfer for consideration in money to another person is for the latter's enjoyment, whether described in the document evidencing the transaction and it can be renewed on expiry of any specified period or payment of customary dues. Once Ahammed kutty had already executed a document No.1911, there was no necessity for acquiring the right by way of kanam or at any point of a partition in 1937 or in the year 1951. No pleadings or order of the Land Tribunal has been placed on record to establish the right as derived from the purchase certificate. Moreover, it is still a mystery whether the affected party in those proceedings was made any party or any opportunity of hearing was granted or not. Therefore the purchase order had rightly been ignored by the Tribunal.

11. There are two methods of declaring the property as Wakf; one under Section 4 and another under section 40. In the instant case, the provision 2025:KER:51078 C.R.P.(Wakf) No.448 of 2018 14 of Section 40 had been completely adhered to and there is no jurisdictional error giving cause for setting aside the order of the CEO of the Wakf Board ordering registration of the property. In fact, the simple suit for declaration without claiming the possession as concededly the property is in possession of the respondents, was not maintainable. Section 83(1) only deals with the right of party to be determined, but as far as Section 83 (2) is concerned, any order passed by the Tribunal is liable to be appealed within a time period prescribed under Section 95 as well as Rule 120 of the Kerala Wakf Rules, 1996. The delay, of course, can be condoned, but there was no such application seeking condonation of delay as the Tribunal though was also having simultaneously appellate jurisdiction. The pond was/is being used for evolution and the visitors to the mosque and had been using the same for washing off their hands and feet for the purpose of offering the prayers at the Mosque and the continuous use 2025:KER:51078 C.R.P.(Wakf) No.448 of 2018 15 would always mean that the property was treated to be a wakf by user and therefore, urged this court for dismissal of the civil revision petition with exemplary costs.

12. We have heard counsel for the parties and examined the records with ability and assistance and

13. Section 4 of the Wakf Act, 1995 deals with the procedure for conducting a survey for declaring the property as Wakf at the behest of the government, the same reads as under;

"4. Preliminary survey of auqaf.--(1) The State Government may, by notification in the Official Gazette, appoint for the State a Survey Commissioner of Auqaf and as many Additional or Assistant Survey Commissioners of Auqaf as may be necessary for the purpose of making a survey of auqaf in the State].

(1A) Every State Government shall maintain a list of auqaf referred to in sub-section (1) and the survey of auqaf shall be completed within a period of one year from the date of commencement of the Wakf (Amendment) Act, 2013 (27 of 2013), in case such survey was not done before the commencement of the Wakf (Amendment) Act, 2013:

2025:KER:51078 C.R.P.(Wakf) No.448 of 2018 16 Provided that where no Survey Commissioner of Waqf has been appointed, a Survey Commissioner for auqaf shall be appointed within three months from the date of such commencement. (2) All Additional and Assistant Survey Commissioner of Auqaf shall perform their functions under this Act under the general supervision and control of the Survey Commissioner of Auqaf.

(3) The Survey Commissioner shall, after making such inquiry as he may consider necessary, submit his report, in respect of auqaf existing at the date of the commencement of this Act in the State or any part thereof, to the State Government containing the following particulars, namely:--

(a) the number of auqaf in the State showing the Shia auqaf and Sunni auqaf separately;

(b) the nature and objects of each waqf;

(1.1.c) the gross income of the property comprised in each waqf;

(d) the amount of land revenue, cesses, rates and taxes payable in respect of each waqf;

(e) the expenses incurred in the realisation of the income and the pay or other remuneration of the mutawalli of each waqf; and

(f) such other particulars relating to each waqf as may be prescribed.

(4) The Survey Commissioner shall, while making any inquiry, have the same powers as are vested in a civil court under the Code of Civil Procedure, 2025:KER:51078 C.R.P.(Wakf) No.448 of 2018 17 1908 (5 of 1908) in respect of the following matters, namely:--

(a) summoning and examining any witness;

(b) requiring the discovery and production of any document;

(c) requisitioning any public record from any court or office;

(d) issuing commissions for the examination of any witness or accounts;

(e) making any local inspection or local investigation;

(f) such other matters as may be prescribed. (5) If, during any such inquiry, any dispute arises as to whether a particular waqf is a Shia [waqf] or Sunni waqf and there are clear indications in the deed of waqf as to its nature, the dispute shall be decided on the basis of such deed.

(1.1.6) The State Government may, by notification in the Official Gazette, direct the Survey Commissioner to make a second or subsequent survey of waqf properties in the State and the provisions of sub-sections (2), (3), (4) and (5) shall apply to such survey as they apply to a survey directed under sub-section (1):

Provided that no such second or subsequent survey shall be made until the expiry of a period of ten years from the date on which the report in relation to the immediately previous survey was submitted under sub-section (3):

Provided further that the waqf properties already 2025:KER:51078 C.R.P.(Wakf) No.448 of 2018 18 notified shall not be reviewed again in subsequent survey except where the status of such property has been changed in accordance with the provisions of any law."

14. However, the aforementioned provision cannot be attracted as it is not a case of declaring the property by way of notification without resorting to the provisions as provided under Section 4 of the Act. In such circumstances, the other provisions, that is, Section 40 of the Act would be applicable and the same reads as under:

"40. Decision if a property is waqf property.--(1) The Board may itself collect information regarding any property which it has reason to believe to be waqf property and if any question arises whether a particular property is waqf property or not or whether a waqf is a Sunni waqf or a Shia waqf, it may, after making such inquiry as it may deem fit, decide the question. (2) The decision of the Board on a question under sub-section (1) shall, unless revoked or modified by the Tribunal, be final.

(3) Where the Board has any reason to believe that any property of any trust or society registered in pursuance of the 2025:KER:51078 C.R.P.(Wakf) No.448 of 2018 19 Indian Trusts Act, 1882 (2 of 1882) or under the Societies Registration Act, 1860 (21 of 1860) or under any other Act, is waqf property, the Board may notwithstanding anything contained in such Act, hold an inquiry in regard to such property and if after such inquiry the Board is satisfied that such property is waqf property, call upon the trust or society, as the case may be, either to register such property under this Act as waqf property or show cause why such property should not be so registered:

Provided that in all such cases, notice of the action proposed to be taken under this sub-section shall be given to the authority by whom the trust or society had been registered.

(4) The Board shall, after duly considering such cause as may be shown in pursuance of notice issued under sub-section (3), pass such orders as it may think fit and the order so made by the Board, shall be final, unless it is revoked or modified by a Tribunal."

15. On plain and simple reading of the provisions of Section 40 of the Act, it is evident that an enquiry has to be conducted and after receipt of the enquiry, the Board is required to issue a notice to 2025:KER:51078 C.R.P.(Wakf) No.448 of 2018 20 the affected party to rebut the same, whereas in the instant matter no enquiry by the Board has been conducted. Thus, the alleged enquiry conducted by the Chief Executive Officer, which has been read to us during the course of the argument, only refers to the contents of the documents of 1911 and 1917, i.e., Exts.A3 and A4, nothing beyond. It does not refer to any revenue records showing that there exists a mosque on the resurvey number 379/1, whereas, as per the report of the Advocate Commissioner placed on record on behalf of the respondents in another suit, reveals that the mosque is 75 meters away. No revenue record or evidence has been placed on record to show that the mosque is situated on the same very survey number 379/1, owned by the respondents - plaintiffs, as per the purchase certificate Ext.A16. It is a settled law that the decree executed by the Land Tribunal is a decree of a civil court and will hold the field until set aside by the competent court of law. Section 102 of the Land Reforms Act provides a 2025:KER:51078 C.R.P.(Wakf) No.448 of 2018 21 remedy to assail the same. As and when the aforementioned purchase certificate had been placed on record of Tribunal, there could have been a cause of action in favour of the affected party, like the respondents in the instant case, to assail the same, but no sincere effort was made. Not only this, even on looking of the document Ext.A3, it is evident that Ahmmed kutty had executed a lease deed in favour of Mohammed Haji Thangal only for the purpose of digging a place for a pond and that too, for a period of 12 years. In other words, there was a limitation prescribed for redemption of the property. However, after expiry of only six years, ie, in 1917, one different person ie, Nalakath Khadimun Islam Haji Muhammedbena Moulavi Kalantharil Hamadani had executed a Wakf deed in favour of the respondents, ie, the Juma Masjid. Paragraph 6 of the written statement filed by the 1st defendant is worth extraction, the same reads as under.

"6. The immovable property requested to be 2025:KER:51078 C.R.P.(Wakf) No.448 of 2018 22 included in the Walf register had originally belonged to Ettiyat Ahammadkutty, the father of Ettiyat Mamu who was the 2nd party in the proceedings before the Wakf Board. Ettiyat Ahammadkutty had dedicated the property as a Wakf for the specific purpose of digging a pond for the use of the pious religious and charitable purposes. The document was executed by Ettiyat Ahammadkutty in the year 1911. The said document was executed in the name of Muhammad Haji, S/o. Nalakath Kalanthan Musaliyar and it has been specifically stated in the document that the dedication was of permanent nature for religious and pious purpose. The property was entrusted to Muhammadali on the date of execution of the above said document. Muhammadali was a well-known religious pandit on those days and he was known by the name "Shaik Muhammad Bena Moulavi Kalandaril Hamadhani". Immediately after getting the property in his possession, the above named "Shaik Muhammad Bena Moulavi Kalandaril Hamadhani" dug a pond to accomplish the desire and decision of the wakif, Ahammadkutty. He executed the wakf deed of the year 1917 where under he himself was nominated as the 1st muthavally and the scheme for succeeding the muthavalliship also has been provided in the said document.Thereafter the property covered by the above mentioned two documents of the year 1911 and 1917 respectively along with the pond that 2025:KER:51078 C.R.P.(Wakf) No.448 of 2018 23 was dug in the property was being used by the Muslims of the locality for the religious purpose."

16. On perusal of the above, a serious doubt had been raised in the mind of the court regarding the identity of the person who executed the document, though a fainted attempt has been made to submit that Mohammed Haji Thangal and as well as Nalakath Khadimun Islam Haji Muhammedbena Moulavi Kalantharil Hamadani is the same person, but no documentary evidence has been placed on record to prove the identity of the person to be the same. Thus a serious doubt had been raised in the mind of this court, whereas this fact has totally been brushed aside and not noticed, thus, is a clear-cut case of abdication.

17. Section 34 of the Specific Reliefs Act is also required to be reproduced.

34. Discretion of court as to declaration of status or right.--

Any person entitled to any legal character, or to any right as to any property, may institute a suit 2025:KER:51078 C.R.P.(Wakf) No.448 of 2018 24 against any person denying, or interested to deny, his title to such character or right, and the court may in its discretion make therein a declaration that he is so entitled, and the plaintiff need not in such suit ask for any further relief:

Provided that no court shall make any such declaration where the plaintiff, being able to seek further relief than a mere declaration of title, omits to do so.

Explanation.--A trustee of property is a "person interested to deny" a title adverse to the title of some one who is not in existence, and whom, if in existence, he would be a trustee.

On perusal of the above, if there is a threat to the title or a cloud on the title of the property, the remedy for a person to claim, despite having the title deeds like purchase certificate or register document, is to seek declaration in the competent court of law. Since a Wakf Board is a complete court and ousted the jurisdiction of the civil court, the remedy to claim the declaration vested with the Tribunal. Since the enquiry officer is only for registration, but there is no order declaring the property as Wakf as provided under Section 40 to be conducted by the Board, the challenge to the same was a consequential relief , thus, was rightly 2025:KER:51078 C.R.P.(Wakf) No.448 of 2018 25 sought. But however, the reasoning assigned by the Tribunal while rendering finding on issue No.1 is not acceptable and hereby set aside.

18. The expression 'kanam' as defined under subsection 22 of Section 2 of the Kerala Land Reforms Act also requires to be extracted, the same reads as under:

"2(22). "kanam" means the transfer for consideration, in money or in kind or in both, by a landlord of an interest in specific immovable property to another person for the latter's enjoyment, whether described in the document evidencing the transaction as kanam or kanapattam, the incidents of which transfer include-

(a) a right in the transferee to hold the said property liable for the consideration paid by him or due to him ;

(b) the liability of the transferor to pay to the transferee interest on such consideration unless otherwise agreed to by the parties ; and (c) payment of michavaram or customary dues, or renewal on the expiry of any specified period, and, in areas in the State other than Malabar, 2025:KER:51078 C.R.P.(Wakf) No.448 of 2018 26 includes such transfer of interest in specific immovable property which is described in the document evidencing the transaction as otti, karipanayam, panayam, nerpanayam or by any other name and which has the incidents specified in sub-clauses

(a) and (b) above and also the following incidents :-

(i) renewal on the expiry of any specified period ; and

(ii) payment of customary dues:

Provided that kanapattam or any other demise governed by the Travancore Jenmi and Kudiyan Act of 1071 or the Kanam Tenancy Act, 1955, shall not be deemed to be a kanam. Explanation.-For the purposes of this clause, where there has been no stipulation in the document evidencing the transaction for renewal on the expiry of any specified period, but there has been a renewal or payment of renewal fees, it shall be deemed that there had been a provision for such renewal in the document."

On plain and simple reading of the provisions of the definition 'kanam' means an assignment of a right for a particular purpose or for the clearance of the 2025:KER:51078 C.R.P.(Wakf) No.448 of 2018 27 dues or for other purposes referred to therein. In Ext.A3 document particularly, no power was assigned to Muhammad Haji Thangal to further dedicate the property as Wakf. Be that as it may as we have already mentioned that the alleged Wakf deed has been executed by a different person in the absence of any proof that Mohammed Haji Thangal as well as Nalakath Khadimun Islam Haji Muhammedbena Moulavi Kalantharil Hamadani is the same person, which has been totally belied by reading contents of paragraph 6 of the written statement of the 1st defendant.

19. Wakf property, as per the Wakf Act, 1995, is defined under Section 3(r)which reads as under;

"3(r) "waqf" means the permanent dedication by any person, of any movable or immovable property for any purpose recognised by the Muslim law as pious, religious or charitable and includes--

(1.1.i) a waqf by user but such waqf shall not cease to be a waqf by reason only of the user having ceased irrespective of the period of such cesser;

(1.1.ii) a Shamlat Patti, Shamlat Deh, Jumla 2025:KER:51078 C.R.P.(Wakf) No.448 of 2018 28 Malkkan or by any other name entered in a revenue record;

(iii) "grants", including mashrat-ul-khidmat for any purpose recognised by the Muslim law as pious, religious or charitable; and (iv) a waqf-alal-aulad to the extent to which the property is dedicated for any purpose recognised by Muslim law as pious, religious or charitable, provided when the line of succession fails, the income of the waqf shall be spent for education, development, welfare and such other purposes as recognised by Muslim law, and "waqif" means any person making such dedication."

"waqf" means the permanent dedication by any person professing Islam, of any movable or immovable property for any purpose recognised by the Muslim law as pious, religious or charitable purposes. There is no permanent dedication of the property which is a requirement under law as defined under section 3(r).

20. Even if the arguments of the respondents with regard to the user is accepted, no material has been placed on record that the committee so established for the purpose of the management of the 2025:KER:51078 C.R.P.(Wakf) No.448 of 2018 29 mosque had been treating the pond situated in resurvey number 379/1, as a religious property and therefore it is be treated as a wakf by user. All these factors have totally been ignored by the learned Tribunal while dismissing the suit.

21. As an upshot of our findings, we are of the view that the finding of fact and law arrived at by the Tribunal is not liable to be sustained and is hereby set aside. The suit is accordingly decreed.

Decree sheet is required to be drawn, declaring the plaintiffs to be the owner of the property and that the property is not a wakf property, either by dedication or by user.

The civil revision petition is disposed of as above.

Sd/-

AMIT RAWAL, JUDGE sd/-

P. V. BALAKRISHNAN, JUDGE scl

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