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2000 Supreme(Mad) 191

K.P.SIVASUBRAMANIAM
S. N. Hasan Abubucker – Appellant
Versus
Kottikulam St Mohideen Pallivasal Therkku Mohindeen Pallivasal, Nirvagi Mutheru Committee through its Secretary M. S. Buhari and another – Respondent


Advocates:
Mr.T.R.Rajagopalan Senior Counsel for Mr.T.R.Rajaraman, Advocate for
Appellant. Mr.T.R.Mani, Senior Counsel for Mr.T.M.Hariharan, Advocate for Respondent No.1.

Judgment :

1. This Second Appeal is directed against the judgment of the learned Subordinate Judge, Thirunelveli in A.S.No.67 of 1993 confirming the judgment of the learned Additional District Munsif, Thirunelveli, in O.S.No.467 of 1982. The first defendant in the suit is the appellant in the above second appeal.

.2. Thesuit was filed for a declaration that Melapalayam Rahmania High School, belonged to the plaintiff/ Pallivasal and that the first defendant should hand over the administration of the School to the plaintiff. According to the plaintiff, the High School belongs to Pallivasal and was established 80 years prior to the suit by collection of funds from the members of Jamath. The School is being conducted in the property at No.35 belonging to the plaintiff in the same street. Since then the members of Jamath had been providing funds for the administration of Pallivasal and also the School through the Pallivasal. For the purpose of administering the properties belonging to Pallivasal, a Committee was constituted (Therku Mohideen Pallivasal Mutheru Committee) and registered on 211. 1958 and the said Committee is in charge of the administration of the properties including th

















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