P.D.DINAKARAN, P.P.S.JANARTHANA RAJA
V. S. B. Sikkandar – Appellant
Versus
K. M. Khader Gani & Another – Respondent
(Appeal against the Judgment and Decree of the learned Principal Sub Judge, Nagapattinam, dated 10.4.1996 made in O.S.No.192 of 1993.)
P.D. Dinakaran, J.
The appellant is the plaintiff, who laid O.S.No.192 of 1993 before the learned Principal Sub Judge, Nagapattinam, for declaration to declare that he is the sole trustee of the Wakf, known as 'Sikkandhar Trust of Nagore'; for permanent injunction restraining the first defendant in interfering with the plaintiff's management in the Trust and for various other reliefs, on the following facts and circumstances: -
2.1. The plaintiff is a resident of Nagore and he hails from an affluent and pious family of Muslims. His ancestor one Sikkandhar Rowthar, who scrupulously followed the Mohammedan tenets, dedicated the suit schedule properties to a Wakf and a Wakf Deed came to be registered on 16.12.1904. The said Sikkandhar Rowthar, being the founder of the Trust, constituted himself the Wakif and in terms of the Wakf, after the lifetime of the said Sikkandhar Rowthar, his son-in-law one Yusuff Serang shall be the Wakif and after his death, a male descendant of the family would become the trustee. But, since the said Yusuff Serang p
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