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1978 Supreme(Mad) 254

NAINAR SUNDARAM, ISMAIL
T. N. Wakf Board – Appellant
Versus
M. Ebrahim Musuee Muthavalli – Respondent


Advocates:
S. Govind Swaminathan for Habibullah Badsha and E.S. Govindan, for Appellant; M.R. Narayanaswami, T.R. Venkatesan, A.A.S. Mustafa and P.K. Gopalraj, for Respondents.

Judgement

JUDGEMENT :- One Halima Bai executed a deed of Wakf-alal-aulad and the same was registered on 24-1-1935. Under the document, several properties belonging to her were endowed as wakf-alal-aulad. Clause (12) of that deed expressly provides that after deducting the disbursements referred to in the earlier clauses from the income of the endowed properties, the surplus should be divided every month by the muthavalli for the time being among the members of her family from children born to her by Mohamad Musa Sait, her husband, including herself and her husband the said Mohamed Musa Sait in the following manner, namely, two shares for a male and one share for a female for ever so long as there are any and until her property lasts, and should it become extinct, then the income shall be expended for the benefit of the poor Mahommedans, preference being given to the bringing up and the maintenance of Muslim orphans and widows. Cl.(14) provides that in the event of any of the endowed immovable property described in the schedule thereunder written being dilapidated and being found necessary by the muthavalli to dispose of such property, he shall upon the resolution in writing of the t



































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