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1989 Supreme(SC) 644

K.N.SINGH, N.M.KASLIWAL
Mohd. Zainulabudeen (Since Deceased) By Lrs – Appellant
Versus
Sayed Ahmed Mohideen – Respondent


Advocates:
A.S.Khan, JAGMOHAN KHANNA, K.RAJ CHOUDHARY, S.Khanna, S.M.Amjad Nainar, S.Thananjayan, T.S.KRISHNAMURTHY IYER, V.M.TARKUNDE

JUDGMENT

KASLIWAL, J.:- This Civil Appeal by the plaintiffs is directed against the judgment of High Court of judicature at Madras in Second Appeals Nos. 650 and 894 dated 17th November, 1981. (reported in 1982 (2) Mad LJ 203).

2. Mohd. Zainulabudeen and Yasin Bi filed a suit for declaration that they were entitled to be in enjoyment and possession of Saint Syed Moosa Shah Khadiri Dargah in Madras for a period of 27 days in all in the months of February, March, June, July, October and November and to restrain the defendants from interfering with the plaintiffs aforesaid right and management in the Dargah. The case of the plaintiffs as set up in the plaint was that the Dargah in question was being managed by the members of the family of one Sayed Mohideen Sahib. Sayed Mohideen had two sons Sayed Ismail Sahib and Sayed Gulam Dastagir Sahib. As per judgment in C. S. 116 of 1909 the right of management was divided between the two sons each taking six months for himself. According to this arrangement the branch of Sayed Ismail Sahib used to remain in management for the months of January, April, May, September and December and the branch of Gulam Dastagir Sahib for the other six months, na



















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