Niranam Muslim vs Abdul Azeez on 9 June, 2010
In Haji P.Laikath
Alikhan v. Unneenkutty Saquafi (supra) it has been held by this Court
that dedication of movable or immovable property is essential to constitute a
Wakf under Section 3(r) of the Act. Therefore crucial question for consideration
is whether petitioner No.1 is a Wakf as contended by petitioners or, is only a
WP(C) No.17386/2010
4
society registered under the Societies Registration Act as claimed by
respondent. Since that disputed fact is glaring and has to be settled by regular
forum I do not think it proper to exercise the power under Article 227 of the
Constitution. In view of that I hold that the appropriate remedy open to
petitioners is to challenge maintainability of the suit before learned Sub Judge as
provided under law or, if they are aggrieved by the impugned order to file Civil
Miscellaneous appeal before the appropriate forum and challenge correctness
of the impugned order.