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1971 Supreme(Mad) 18

K.VEERASWAMI, RAGHAVAN
Jamia Masjid Mosque, Karur – Appellant
Versus
Syed Anwar Batcha Sahib – Respondent


Advocates:
V. Vedantachari, S.M. Amjod Nainar and T. Srinivasan, for Appellant; T.R. Mani, for Respondents.

Judgement

K. VEERASWAMI, C. J. :- These are appeals filed by the Jamia Masjid Mosque, Karur, in the one case and by the tenants in the rest. The Mosque represented by its Mutavalli in the suit instituted by it asked for a decree for rent due from the tenants in possession of lands covered by T. D. No. 1555 inam Karur village. The tenants have been separately sued by Kazi Syed Abdullah Batcha for recovery of rents in respect of some of the lands covered by the same title deed. The dispute between the parties, more especially the Mosque on the one side and Kazi Syed Abdullah Batcha on the other, was whether the grant covered by title deed No. 1555 was a personal inam burdened with performance of the service of Kazi or was to the office of Kazi attached to the mosque. The first two courts differed in their views on that question, the first appellate court holding in favour of the mosque. Kailasam, J. in second appeal reversed that judgment and restored that of the trial court. We may mention that throughout the several suits and appeals have been disposed of by a common judgment. O. S. No. 218 of 1960 had been instituted by Kazi Syed Abdulla Batcha against the Wakf Board for a declarat








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