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2001 Supreme(SC) 1083

G.B.PATTANAIK, RUMA PAL
Ali Hussain – Appellant
Versus
Parangipettai S. Ali Mosque @ Vathiyapalli – Respondent


ORDER

Leave granted.

2. The appellant is aggrieved by the impugned direction of the High Court pursuant to which the appellant has been forced to hand over the papers to the committee of management. The appellant was appointed as a muthavalli of the mosque by an order dated 20th April 1968 and under the terms of the deed, the muthavalli was to be appointed on hereditary basis. While the muthavalli was so continuing, a set of allegations were made against him regarding mis-management of the property, and therefore in exercise of power under sub-section (2) of section 43 of the Wakf Act, 1954, the competent authority, by order dated 28th March 1981 appointed a committee of management and directed that the said committee of management and the muthavalli would continue to manage the affairs of the wakf. The tenure of that committee was for a period of 3 years. Subsequent to 1981 fresh committee of management was being constituted, and such committee of management along with muthavalli was managing the affairs of the wakf. On 29-12-1997, a fresh committee of management was appointed, and in that committee of management nothing was mentioned as to the muthavalli. Be it be stated that no po





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