Judgment

SHAH, J. : There is in the village of Cavelong, District Chingleput in the State of Madras an ancient Durgah to which is appurtenant a Masjid. The Nawab of Carnatic had granted two villages in inam, for the maintenance of the Durgah and the Masjid. Offerings from the devotees who visited the Durgah and the Masjid were also received. The income of the institution after disbursing the expenses of "Sandal , and "Urs and of feeding the poor has since long been shared by descendants in four families in equal shares. By custom females and persons claiming through females were excluded from receiving a share of the income and the income was distributed amongst the males descended in the male line. In original suit No. 27 of 1940 of the file of the Subordinate Judge, Chingleput, a scheme was framed for administration of the Durgah and the Masjid and a Board of trustees was appointed for that purpose. By the scheme, provision was made for distribution of the surplus income amongst the members of the four families.

2. Fakruddin, in the following geneology, belonged to one of the four families which received the income.

3. As a descendant of Sheik Mohammad, Fakruddin received a 1/8t