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1954 Supreme(AP) 63

K.SUBBA RAO
Khagum Khan – Appellant
Versus
Mohd. Ali Sahib – Respondent


K. SUBBA RAO, J.

( 1 ) THESE three appeals arise out of three connected suits O. S. Nos. 233, 151 and 231 of 1946 on the file of the court of the District Munsif, Cuddappah.

( 2 ) THE suits relate to the disputes between the officer holders of the mosque called Ahle Hadiz mosque in Mandi Sydumiah Street, Cuddappah Town. This mosque was primarily intended to serve the nees of the members of the Ahle Hadiz sect resident in the said town. In course of time, the plaint schedule lands were endowed to the mosque. Muhammad Abdulla Saheb and Abdul Sattar have been the joint mutawallis of the mosque for about 45 years. Abdulla Saheb was the son and Abdul Sattar was the son-in-law of one Haji Shaick Mohideen Saheb. Abdulla Saheb died in the year 1939. After the death of Abdulla Saheb disputes arose between Muhammad Ali Saheb and his brother Abdul Sattar, each claiming to be the sole mutawalli. This dispute led to criminal proceedings before the Magistrates Court, Cuddappah. The court decided that Abdul Sattar was entitled to be in possession of the properties as mutawalli. Abdul Sattar died in 1942. Syed Shah Muhammad is his son. On 13. 3. 1944, there was an agreement between Muhammad Ali Sah
























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