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1976 Supreme(Mad) 188

M.M.ISMAIL
The State Wakf Board, Madras, superseded by the Government of Tamil Nadu in G. O. Ms. No. 2031, dated 2oth November, 1967 and appointed by G. O. Ms. No. 2264 dated 30th December, 1967. The Special Officer for Wakfs, Madras – Appellant
Versus
Subramanyam and others – Respondent


Advocates:
M. A. Sattar Sayeed and S. I. Samiullah and S. M. Hameed Mohideen, for Appellant.
K. Venkataramani, S. B. Mani and V. Subramanian, for Respondents.

Judgment.-All these second appeals arise out of a common judgment rendered by the learned District Munsif of Pattu-kottai in O.S. Nos. 784, 786, 788 and 790 of 1967 and the appeals arising therefrom on the file of the Court of the District Judge, West Thanjavur, Thanjavur. The appellant in all these second appeals is one and the same, namely, the State Wakf Board, Madras, represented by its Secretary. The suits were instituted for recovery of the properties involved in these suits. According to the appellant, the properties were wakf properties, they have been alienated by one Sheik Dawood illegally and unauthorisedly, and therefore the appellant was entitled to recover possession of those properties. The defence put forward by the various defendants are reflected in the following issues framed for trial by the trial Court:

(1) Whether the suit properties are part of the wakf properties belonging to Asar-pakkiri Thaikkal ?

(2) If the suit properties are wakf properties whether the defendants have perfected their title by adverse possession ?

(3) Whether there is merely a charge for Rs. 27 every year on the income from all the wakf properties ?

(4) Whether the suit is not maintainable























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