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1976 Supreme(SC) 187

P.N.SHINGHAL, R.S.SARKARIA
Mulla Alibhai – Appellant
Versus
Madrasai Hakimia And Companyronation High School Society – Respondent


Advocates:
A.H.SAFI, B.SEN, C.K.DAFTARY, D.N.Mishra, E.A.K.FAIZULLABHAY, F.S.NARIMAN, J.B.DADACHAN, N.Shroff, S.P.HAKIM

JUDGMENT

SARKARIA, J.:— Controversy in these appeals by special leave relates to the interpretation and clarification of the judgment and decree of this Court in the case reported as Abdul Kayum v. Mulla Alibhai, (1963) 3 SCR 623. The appeals arise in these circumstances:

2. In the year 1902, certain members of Daudi Bohra Community of Burhanpur started a School, named Madrasai Faize Hakimia. Its primary object was to impart religious and secular education to boys of the Daudi Bohra Community. Funds were collected for the purpose of the school from the members of the community. The school prospered, and in the year 1911, it was raised to the status of High School under the name, "Madrasai Hakimia and Coronation High School." Earlier on May 24, 1909, one Daudi Bohra of Surat, named Abdul Hussain Abdullali Faizullabhai Muchhala, made a waqf of certain properties in Bombay for the benefit and advantage of this school. For the management of the Trust, he appointed 12 persons who were already functioning as trustees of the school. A few months later another trust came into existence for the benefit of the same School under a deed of Waqf and Trust (Ex. P-3) executed by six persons of Dau

























































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