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1976 Supreme(SC) 113

S.MURTAZA FAZAL ALI, P.K.GOSWAMI
Syed Mohammad Salie Labbai – Appellant
Versus
Mohd. Hanifa (Dead) By L. Rs. Vice Versa – Respondent


Advocates:
A.K.SEN GUPTA, A.Subhashini, A.V.RANGAM, K.JAYRAMAN GOWDA, R.CHANDRASHEKHAR REDDY, T.S.KRISHNAMURTHY IYER

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JUDGMENT

FAZL ALI, J. :— These appeals, by certificate granted by the High Court, arise out of a common judgment and will be dealt with by one judgment. The appeals have had a chequered career resulting from a highly contested litigation spreading over a century and a half. A review of the historical background of the case reveals a rather sad story and an unfortunate saga of a perpetual strife and struggle, disputes and differences between the two sections of the Muslim community of village Vijayapuram (situated in Tiruvarur District in the State of Madras) setting up diverse rights and rival claims over the property which was essentially a religious property originating from a fountain of purity flowing from the life and teachings of a celebrated saint who was the original founder of the property. Property essentially dedicated to God appears to have been used for mundane purposes which evoked loud protests from another section of the Mahomedan community who wanted to protect the public character of the trust property and this had led to several suits in various courts.

2. The most unfortunate part of the drama long in process is that the Courts before whom the disputes came up fo
















































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