KOZHIKODE: Two grandchildren of Muhammad Siddique Sait, who had given the land at Munambam to the Farook College management committee, have stated before the Waqf Tribunal here that the land does not come under the purview of waqf as the character of the property is that of a trust.
The Tribunal is currently considering the petition filed by the Farook College management committee against the action of Kerala State Waqf Board that declared the land at Munambam as Waqf property in 2019.
The two respondents in the case are the children of M S Subaida Bhai, the daughter of Siddique Sait. She had stated before the Waqf Board in 2008 that the Farook College had alienated the majority of 404 acres of land ‘for selfish interests’ without the knowledge and consent of the Board.
They have taken a stand contrary to the stand taken by their mother. But the counsel appearing for the grandchildren of Sait said that their position from the beginning of the present case has been the same. Their contention is that the property is of a trust by nature and not that of waqf and it should be returned to the family, the lawyer said.
The residents of Munambam, who impleaded in the case recently, contended that the order of the Waqf Board that declared the land as waqf property is erroneous.
Moreover, “the activities carried out by the Farook College are secular in nature, and they lack a religious motive and are not exclusively for the benefit of the Muslim community,” said the petition submitted by Sebastian Joseph, one of the residents in Munambam.
The petition added that the waqf deed ‘albeit bearing the nomenclature of Waqf Deed has no characteristics of a Waqf Deed.
It added that the ‘basic requirement of permanent dedication of property to God Almighty for the creation of Waqf Deed is absent in the said deed.
The tribunal on Tuesday discussed the 1971 order of the Paravur sub-court, and will discuss the decisions of the appellate courts on Thursday. The tribunal is planning to hold sittings on a daily basis.
WE HAVE BEEN PROVEN RIGHT: RESIDENTS
Kochi: The volte-face by Siddique Sait’s grandchildren before the Waqf Tribunal has been welcomed by the Munambam residents. They term this latest occurence as cementing their claim that the property of the 610 residents of Munambam Kadappuram isn’t Waqf land. Speaking to TNIE, Joseph Benny, convenor, Munambam Bhoo Samrakshana Samithi says, “We have been vindicated.
The grandchildren of Siddique Sait had earlier claimed that the land deeded by their grandfather to the Farook College was Waqf. But now, we think that they might have realised their mistake when faced with the documentary evidence that had been presented before the tribunal and also the courts.”