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1990 Supreme(Mad) 1077

K.M.NATARAJAN, THANIKKACHALAM
M. S. Abuthagir and Others – Appellant
Versus
Peer Mohammed and Others – Respondent


Advocates:
T.R.Mani, Senior Counsel, for R.Nanda Kumar, for Appellants. S.P.Subramanian Haja Nazirudeen and S.M.Amjad Nainar, for Respondents.

Judgment :-

Thanikkachalam, J.

This appeal is directed against the judgment and decree rendered in O.S.No.250 of 1970 dated 11. 1980 on the file of Sub-court, Dindigul. Defendants 3 to 5 are the appellants herein. The suit was filed in a representative capacity for cancellation of the suo motu scheme framed by the Special Officer, Wakf Board, dated 18. 1968 in W.ANo.9 of 1968 and for a direction to frame a single consolidated scheme for the suit Pallivasals. The trial court decreed the suit as prayed for with costs. It is against that judgment and decree the present first appeal has been filed by the defendants 3 to 5.

2. In the plaint, the case of the plaintiffs is as under: In Cumbum town from ancient time, there was only one mosque called Vaveer Pallivasal or Bava Fakruddin Pallivasal or ‘Big Mosque’. All the original Muslim in habitants of Cumbum used to pray in the said Mosque. They constituted a Jamath known as Cumbum town Jamath. There are two other Pallivasals, known as Mohideen Andavar Pallivasal and Mamarathubava Pallivasal. Mohideen Andavar Pallivasal is now in a dilapidated condition. This was used for idgah at the time of Bakrid and Ramzan. Mamarathubava Pallivasal is


































































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