Appeal against an order setting aside assessment orders and declaring that the appellant can assess only 10% of income as Wakf. Court held that dedication must be for recognized purposes. Appeal dismissed.
The Writ Appeal is dismissed as it has no merit. The impugned judgment holding only 10% of income as Wakf is upheld.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE PIUS C.KURIAKOSE
&
THE HON'BLE MR. JUSTICE BABU MATHEW P.JOSEPH
MONDAY, THE 12TH DAY OF NOVEMBER 2012/21ST KARTHIKA 1934
WA.No. 1916 of 2012 () IN WP(C).6187/2007
AGAINST THE ORDER/JUDGMENT IN WP(C).6187/2007 of HIGH COURT OF KERALA DATED 09-08-2012
APPELLANT/RESPONDENT:
THE KERALA STATE WAKF BOARD REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER WAKF BOARD OFFICE, V.I.P ROAD, KALOOR KOCHI 682 017.
BY ADV. SRI.A.A.ABUL HASSAN, SC, WAKF BOARD
RESPONDENT/PETITIONER:
KASAM MOOSA SAIT WAKF ALAL-AULAD REPRESENTED BY ITS MANAGING TRUSTEE/MUTAWALLI A.H AMIN, NO.176, M.S KOIL STREET CHENNAI 13.
R BY SRI.T.H.ABDUL AZEEZ
THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 12-11-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
C.R
PIUS C. KURIAKOSE
&
BABU MATHEW P. JOSEPH, JJ.
W.A. No. 1916 of 2012
Dated this the 12th day of November, 2012
JUDGMENT
Babu Mathew P. Joseph, J.
This appeal is directed against the judgment rendered by a learned Single Judge in W.P.(C) No.6187 of 2007. BY the impugned judgment, the learned Single Judge set aside Ext.P2 series orders of assessment of contribution payable to the appellant, the Kerala State Wakf Board, from the respondent, Kasam Moosa Sait Wakf-al-al-aulad, and Ext.P4 order passed by the appellant in the appeal filed by the respondent. It is also declared in the impugned judgment that the appellant can make assess ment only in respect of 10% of the income set apart as Wakf and not more. Aggrieved by the judgment of the learned Single Judge, the appellant has preferred this Writ Appeal.
[W.A.No.1916/2012] 2
counsel appearing for the respondent, on the question of admission of this Writ Appeal.
“(r) “Wakf” means the permanent dedication by a person professing Islam, of any movable or immovable property for any purpose recognised by the Muslim law as pious, religious or charitable and includes -
(i) xxxx xxxx xxxx
(ii) xxxx xxxx xxxx
(iii) a Wakf-al-al-aulad to the extent to which the property is dedicated for any purpose recognised by Muslim law as pious, religious or charitable, and 'Wakif' means any person making such dedication;”
Therefore, for a Wakf-al-al-aulad to be a Wakf under the Act, there should be a dedication of property for any purpose
[W.A.No.1916/2012]
3
recognised by Muslim law as pious, religious or charitable and to the extent to which the property is so dedicated alone will be treated as Wakf. In other words, a mere creation of Wakf-al-alaulad will not be a Wakf unless that Wakf-al-al-aulad dedicates property for any purpose recognised by Muslim law as pious, religious or charitable and only to the extent to which the property is thus dedicated alone will be a Wakf.
[W.A.No.1916/2012] 4
unworkable. Wakf includes a Wakf-al-al-aulad to the extent to which the property is dedicated for any purpose recognised by Muslim law as pious, religious or charitable. Such pious, religious or charitable purposes are usually accomplished by way of expending income out of the property or properties. Therefore, the argument so advanced by the learned counsel for the appellant is only to be rejected and hence, we do so.
We find no merit in this Writ Appeal. Therefore, it is dismissed.
Sd/-
PIUS C. KURIAKOSE, JUDGE.
Sd/- BABU MATHEW P. JOSEPH, JUDGE.
krs.
//True Copy //
2 issues framed by the court
Whether Wakf-al-al-aulad evidenced by Ext.P1 document is a Wakf in respect of all properties covered by Ext.P1 or only to the extent dedicated for pious, religious or charitable purposes.
Whether the term 'property' in Section 3(r)(iii) of the Wakf Act includes income derived from the property.
1 provisions across 1 enactments
Kerala State Wakf Board
Kasam Moosa Sait Wakf-al-al-aulad
Pius C. KuriaKose
Babu Mathew P. Joseph
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
