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2003 Supreme(Mad) 1028

P.SHANMUGAM, R.BANUMATHI
Kishorelal Asera – Appellant
Versus
Haji Essa Abba Sait Endowments rep. by its Trustees & Others – Respondent


Advocates Appeared:For the Petitioner:Mr. S. Vijayaraghavan, M/s. Himmatmalmardia, Mr. S.S. Trivedi, Mr. M.S. Sundararajan, Advocates. For the Respondents:Mr. B.T. Seshadri, M/s. Himmatmalmardia, Advocates.

Judgment :-

P.SHANMUGAM, J.

Defendants are the appellants. The plaintiff namely Haji Essa Abba Sait Endowments, represented by its Trustees, obtained a decree for ejectment from the various shop portions occupied by the defendants in the suit premises bearing Door No.37 (Old No.100), Godown Street, Madras-600 001. Aggrieved by the common judgment, the above appeals have been filed. The parties are described as per their rankings in the suit.

2. The facts of the case are as follows :-

Haji Essa Abba Sait, by Ex.A.1, Trust Deed dated 1.5.1919, dedicated the properties mentioned in the trust deed for the purpose of performing the following charities :

(1) Of founding and maintaining a Madarasa for the benefit of members of the Kutch Memon and other Mohammedan communities in Madras;

(2) To give them sound religious, secular education in Arabic, Persian, Hindustani according to Hanafi, Shafi, Hambali and Maliki and other religious branches of education that is of special benefit to the members of the Kutch Memon and other Mohammedan communities; and

(3) Establishing a Musafirkhana or Chatram in George Town for affording residence for travellers of Mohammedan community of all sects.

The proper



























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