M.A. Manaf Ali and Abdul Samad vs Kaduvayil Muslim Jama-ath Charitable Trust Kaduvayil, Thottakkadu P.O., Kallambalam Thiruvananthapuram District 695605, A. Thaha and A. Nahas

Thottathil B. Radhakrishnan, J.—Heard learned Senior counsel for the revision petitioners and the learned counsel for the respondents, who have lodged a caveat.

The fundamental issue, which is the subject matter of the suit pending before the Wakf Tribunal, is as to whether the revision petitioners are liable to pay the amounts covered by the impugned demand notices issued on behalf of the Wakf. The plaintiffs appear to have a case that no such demand can be raised on facts and further that, it is only the Wakf Board which may have the authority to raise any claim on behalf of the Wakf. These issues need not stand in the way of the parties now proceeding in relation to the affairs touching the management of the Wakf. The entire amounts covered by the impugned demand notices, which are subject of the challenge before the Wakf Tribunal in the suit can be deposited under protest before the court below by the plaintiffs. On such deposit, it would be treated as a deposit with the rider that it is subject to the decision of the Tribunal on the suit. This is because the plaintiffs cannot be foreclosed from agitating their grievance regarding the issuance of the notice. On such amount being deposited, if the disqualification does not further survive, on any other ground, the plaintiffs will be entitled to their rights in terms of the provisions of the Wakf.

In the aforesaid circumstances, this revision is ordered modifying the impugned order to the effect that the court below will receive deposit of the entire amounts covered by the notices impugned in the suit, if it is remitted by the plaintiffs on or before 3.3.2012 and proceed with the suit in the light of the observations contained herein above. It is also clarified that we have not expressed anything on the merits of the rival contentions on facts and this arrangement is being made having regard to the fact that the parties are only at the interlocutory stage in a suit.

This Civil Revision petition is ordered accordingly.