IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE PIUS C.KURIAKOSE & THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM FRIDAY, THE 8TH JANUARY 2010 / 18TH POUSHA 1931 CRP.No. 466 of 2009() --------------------- OS.36/2006 of WAKF TRIBUNAL, KOZHIKODE .................... REVN. PETITIONER(S)/DEFENDANTS 1 TO 4 IN O.S. ----------------------------------------- 1. HAYATHUL ISLAM SANGHAM, HAVING ITS PRINCIPAL PLACE OF BUSINESS AND OFFICE SITUATED AT MUNNIYOOR AMSOM AND DESOM OF TIRURANGADI TALUK, REP BY ITS PRESENT PRESIDENT MECHERY HOUSE,MUNNIYOOR AMSOM AND DESOM, TIRURANGADI TALUK. 2. N.M.MOYIN, PRESENT PRESIDENT OF HAYATHUL ISLAM SANGHAM, AGED 52 YEARS, S/O.KAMMU, NARIKOTTU MECHERY HOUSE, MUNNIYOOR P.O. 3. C.M.KUNHALI, SECRETARY, HAYATHUL ISLAM SANGHAM, S/O.MATHARI KOYAMOIDEEN, RESIDING AT MUNNIYOOR AMSOM AND DESOM OF TIRURANGADI TALUK. 4. HYDROSE KOYA THANGAL, MUTAWALLI OF CHARAKUNNATH NISKARAPALLI, S/O. PARAKKADAVATH KUNHI THANGAL, MUNNIYOOR AMSOM AND DESOM OF TIRURANGADI TALUK. BY ADV. SRI.T.H.ABDUL AZEEZ RESPONDENT(S): --------------- 1. PALOKKIL AALASSANKUTTY,S/O.ABDULLA, AGED 59 RESIDING AT THRIKKULAM AMSOM AND DESOM OF TIRURANGADI TALUK, MALAPPURAM DISTRICT. 2. THE KERALA STATE WAKF BOARD, REPRESENTED BY ITS CHIEF EXECUTIVE OFFICER, KALOOR, ERNAKULAM,KOCHI. (...2/-) CRP.466/09 (2) 3. ERAPARAMBAN UMMER HAJI, S/O.MUHAMMED HAJI, AGED 60 YEARS, RESIDING AT CHERUMUKKU IN TIRURANGADI AMSOM DESOM OF TIRURANGADI TALUK, MALAPPURAM DISTRICT. ADV. SRI.K.P.SUDHEER FOR R3 SRI.K.T.SHYAMKUMAR FOR R1 SRI.HARISH R. MENON FOR R1 SRI.M.M.SAIDU MUHAMMED,SC,WAKF BOARD FOR R2 THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 08/01/2010, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: PIUS C.KURIAKOSE & C.K.ABDUL REHIM, JJ. ---------------------------------- C.R.P. No.466 of 2009 ---------------------------------- Dated this the 8th day of January, 2010 O R D E R Pius C.Kuriakose,J. The challenge in this revision preferred by a registered Wakf is to the judgment and decree of the Wakf Tribunal to the extent the same directs both parties to fix the rent of a newly constructed building admeasuring 2.05 x 2.90 meters having main road frontage, taking into account the prevailing market rate as well as the facilities available in the building and fixing a sum of Rs.2012.50/-(15% above the rate of Rs.1750/- which was paid by the respondent tenant before the building was re-constructed) tentatively till such time as the rent as directed is fixed by the parties. Both sides submitted before us that the parties have not CRP.466/09-A 2 fixed the rent of the building so far in response to the directions in the impugned judgment. According to Sri.T.H.Abdul Azeez, learned counsel for the revision petitioner, the rent fixed under the impugned judgment is far below the prevailing market rate. Learned counsel submitted on the basis of instructions given to him by his client that the rent will be around Rs.7,000/- mensum. Mr. Harish R. Menon, learned counsel for respondent submitted that the total area of the building is just 60 Sq: Mtrs: while the area of the building before re-construction was 195 Sq: Ft:. According to him the tentative rent fixed under the impugned judgment is excessive. However, both sides submitted that the parties have been advised to arrive at a settlement regarding the rent payable by the respondent. 2. We are of the view that since the rate of Rs.2012.50 (1750 + 262.50) fixed by the Wakf Tribunal is only a tentative rate, it is not necessary to interfere with the same. At the CRP.466/09-A 3 same time we feel that the learned Subordinate Judge was not justified in not fixing a time frame in the judgment to arrive at a settlement regarding fixation of amount. Accordingly we are inclined to modify the judgment and decree to the following extent only:- The parties are directed to arrive at a settlement regarding the rent payable by the respondent for the building in question by 31.3.2010. If settlement is not arrived at before that date it is open to either sides to report the matter to the Wakf Tribunal and once a report of no settlement is received by the Wakf Tribunal, the Tribunal will re-post the suit and hold necessary enquiries regarding the correct rent as per prevailing market rate of the building in question and fix the rent after affording opportunity to both sides to adduce evidence regarding the rent. The Tribunal will complete the enquiry for fixing the rent within 3 (three) months of receiving reports regarding failure of settlement talks. Modifying the CRP.466/09-A 4 judgment and decree to the above extent we dispose of the Civil Revision Petition directing both sides to suffer their costs. PIUS C.KURIAKOSE, JUDGE. C.K.ABDUL REHIM, JUDGE. okb