IRSHAD S/O.MUHAMMED ALIAS BAVA Vs. CHEKKUTTY HAJI

JUDGEMENT

(1.) THE petitioners filed a suit before the Wakf Tribunal along with an application for temporary injunction. After hearing both sides, it was held that the petitioners are not entitled for injunction and the petition was dismissed. Aggrieved by the order of dismissal, this petition is filed.

(2.) ACCORDING to the petitioners, the plaint schedule property is item No.3 of Schedule F in a partition deed. Long before the execution and registration of the partition deed, the suit property was dedicated as Wakf by the Predecessor in interest of the petitioners and a Mosque was constructed thereon by spending own funds. There was no formal deed of Wakf. The Muslim community were allowed to use the Mosque for prayer and other religious purposes. The remaining property was dedicated for the use as burial ground.

(3.) THE Mosque situated in the plaint schedule property does not require any re-construction or additional construction, especially since Mosque which was constructed in the recent time had sufficient space for the worshipers. Innumerable graves are situated very close to the existing Mosques which are highly revered. Hence any attempt for re-construction of the Mosque would result in putting up construction above the existing grave after destruction of graves, will be against the tenets of Islam. It will also injure the sentiments of the persons whose predecessors have been buried in these graves.