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1955 Supreme(AP) 94

SUBBA RAO, SATYANARAYANA RAJU
Mohideen Khan – Appellant
Versus
Ganikhan – Respondent


Advocates:
A. Bhujanga Rao for V.N. Srinivasa Rao and C.S. Rajappa for Appellant; M.V. Nagaramaiah for B. Venkataramaiah (for No. 6); K. Sivaprasada Rao (for Nos. 5, 15, 21 and 24) and U. Sethu Madhava Rao for Nos. 11, 16, 17 to 19 and 25 to 27 for Respondents.

Judgement

SATYANARAYANA RAJU, J. :- This is an Appeal against an order of the Subordinate Judge of Cuddapah dismissing a petition for leave to sue in forma pauperis under O. 33, R. 1, Civil P.C.

2. The appellants case, is that the nine items of lands, described in the schedule annexed to the petition are the endowments of a mosque called Maddekhan Masjid, of which one Haji Khan Jamman, who died en 19-8-1849, and respondents 1 and 2 are the trustees. He alleged that the three trustees divided some of the properties among themselves prior to 1925 and the remaining properties subsequent thereto and that thereafter they neglected the management of the institution and alienated the suit properties in favour of respondents 3 to 30, who are now in possession.

The appellant, who is the son of the 1st respondent, claims that he has been looking after the institution for some years and alleges that the alienations of the suit properties in favour of respondents 3 to 30 are void and not binding on the institution.

3. The petition filed by the appellant for leave to sue in forma paupsris was contested by respondents on the grounds that it did not disclose any valid cause of action for the appella























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