R. Rajendra Babu. J.

The Kunhimon Haji Memorial High School (KHMHS) at Alathiyur was established in 1974 by late Hamsa Haji, who died on 16.9.1993. He was the Individual Educational Agency and the Manager of the school. The fifth respondent Sainaba is the wife of late Hamsa Haji. They had nine daughters and two sons. Petitioner Mohammedkutty is the eldest son and the younger son Moideenkutty, later died leaving his widow and three children. The KHMHS belonged to the deceased Hamsa Haji and the school was located in an area of 3.5 acres of land. In 1988 Hamsa Haji proceeded for Haj and during the period of his absence, he authorized the petitioner to be the Manager of school and the DEO approved the petitioner as the temporary Manager as per Ext. P2 proceedings. During May 1993 Hamsa Haji became ill and he authorised as the Manager as authorised by his father. By the death of Hamsa Haji, the right of Management and the right over the school devolved on all the legal representatives of the deceased Hamsa Haji. In addition to the petitioner and the fifth respondent, there were 9 daughters and one son as the legal representatives of deceased Hamsa Haji. Admittedly, the petit