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1995 Supreme(Mad) 205

S.S.SUBRAMANI, SRINIVASAN
Tamil Nadu Wakf Board represented by its Secretary – Appellant
Versus
S. A. Syed Masood, Muthavalli Kalvathnayagam Thaikka, Kadayanallur and Others – Respondent


Advocates:
S.M.Abdul Wahab for S.M. Amjod Nainar and Philip Ravindran, for Appellant. R.N.Amarnathan, for Respondent Nos.l to 3, etc. K.Mani, for Respondent Nos.31 and 33. A.R.Shamsudeen, for Respondent No.35.

Judgment :-

S.S. Subramani, J.

Plaintiff in O.S.No.9 of 1983, on the file of the Subordinate Judge’s Court, Tenkasi, is the appellant in this appeal. The appellant is the Tamil Nadu Wakf Board represented by its Secretary.

2. The reliefs sought for in the plaint are: (1) Recovery of possession of the properties mentioned in the plaint as 2nd Schedule; (2) for a direction to the defendants 3 to 35 to put the plaintiff in possession of the schedule properties; (3) for costs of suit and (4) for such other reliefs.

.3. The material averments as given in the plaint are: The plaint mentioned properties belonged to Kalvathanayagam Taluk at Kalvathayagam Street, Kadayanallur, Tenkasi. The said Wakf was surveyed and the same was published in the Fort St. George Gazette, dated 15. 1959. The said Wakf is managed by a Committee elected by the disciples of Kalvathanayagam, and, on the date of suit, the first respondent herein (1st defendant in the suit) was the elected Muthawalli of the Wakf. On 110. 1977, the Thaikka passed a Resolution seeking permission to dispose of the properties, and the Wakf Board, who is the plaintiff in the suit, on 212. 1978, directed the Superintendent of Wakfs, Kan




















































































































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