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1970 Supreme(Mad) 2

ISMAIL
T. E. Mohammed Shareef – Appellant
Versus
Superintendent (Wakfs), Central Zoae – Respondent


Advocates:
M. Kalyanasundaram, for Petitioner; M.A. Satar Sayeed and S.B. Mani, for Respondents.

Judgement

ORDER :- According to the averments contained in the affidavit, the petitioner herein, is the Mutavalli of the institution known as Kuppatheruvu Pallivasal in Thanjavur. According to him, the property covered by T. S. No. 33-C Is the only property belonging to the Wakf and the properties covered by T. S. Nos. 33/2 to 33/15 are his private properties. The further case of the petitioner is that some persons inimically disposed towards him moved the Wakf Board in W. A. 41 of 1962 for the framing of a scheme and removal of the petitioner from the office of Mutavalli on the ground of mismanagement and on the ground that the petitioner was claiming adverse to the interests of the wakf. The affidavit further states that the Board was not satisfied with the general allegations of mismanagement against the petitioner, but found one instance of alienation of the trust property as improper and on that basis removed the petitioner from the office of mutavalli. At the same time, the Board, in regard to the properties covered by T. S. 33/2 to 33/15, did not decide the question as to whether they are the wakf properties or the private properties belonging to the petitioner, in view of th


















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