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2002 Supreme(Ker) 462

P.R.RAMAN
Abdul Rahiman Musaliar – Appellant
Versus
Muhammed Sahib – Respondent


Judgment :-

1. The plaintiff in O.S. No. 764/92 on the file of the Munsiff's Court, Palakkad is the petitioner in C.R.P. No. 921/2001 filed against the order in I.A. No. 1300/2001. He is also the appellant in C.M.A. No. 15/2002. Whereas the defendants 2 and 3 in the said suit are the petitioners 1 and 2 in C.R.P. No. 914/2001 filed against the order in I.A. No. 1427/2001. They are also the appellants in C.M.A. No. 16/2002. The brief facts are as follows:

2. The plaintiff instituted the suit before the Munsiff's Court, Palakkad claiming himself to be the Mutawalli of Palakkad Manjakkulam Mosque Jaram. The plaint allegation is that Manjakkulam Palli Jaram is an ancient Muslim Mosque where one Sayeed Khaja Hussain, who was a divine person breathed his last in the said place and a Jaram was constructed and the family of the plaintiff constructed a Mosque and managed the affairs. The senior most member of the Arakkal family was in successful management of this private Wakf. Public used to come for making prayers irrespective of religion or caste in this Jaram. The plaintiff claims to be the senior most member and in that capacity he is the Mutawalli since 1969 and managing the affairs.






























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