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2003 Supreme(AP) 892

B.SUBHASHAN REDDY, P.S.NARAYANA
A. S. Abdul Khader Wakf for Deeni Talim – Appellant
Versus
Saber Miah – Respondent


P. S. NARAYANA, J.

( 1 ) THESE Second Appeals are filed by A. S. Abdul Khader Wakf for Deeni Talim, represented by its Managing Mutawalli Masood Abdul Khader, aggrieved by the reversing Judgments and decrees made by the Additional Chief Judge, City Civil Court, Secunderabad.

( 2 ) THE appellant herein, as plaintiff instituted the suits on the file of the I Assistant Judge, City Civil Court, Secunderabad for the relief of eviction, recovery of mesne profits, damages for use and occupation and also for future mesne profits till recovery of possession against different tenants, arrayed as defendants in the respective suits. The Court of first instance had decreed the suits and aggrieved by the same, the respective tenants preferred Appeals and the appellate Court had reversed the judgments and decrees of the Court of first instance on twin grounds that the Wakf Board alone can maintain the suits and a Mutawalli cannot maintain the suits and also a joint Mutawalli or a co-Mutawalli cannot maintain the suits in the absence of the other Mutawalli. In view of the general importance involved, since these questions may have an impact on Wakf properties, their superintendence and management,




























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