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2007 Supreme(Mad) 588

S.ASHOK KUMAR
Janab Dr. Hisamuddin Papa Saheb & Others – Appellant
Versus
E. Niyamathulla & Others – Respondent


For the Petitioner:R. Gandhi, S.C., for K.V. Sundararajan. For the Respondent:S. Thiruvengadasamy for Wakf Board T.R. Rajagopalan, S.C., for M.L.Denis (R 1 & 4), R3, V. Raghavachari, R5, M.S. Krishnan, R6 to R9, M.K. Hidayathullah, R10 & 13, Jawad, R11, Fathima Suthana, R12, V. Bhiman, Advocates.

Judgment :-

This Civil Revision Petition is directed against the order of the learned Principal Judge, City Civil Court, Chennai in CMP.No:2188 of 2003 in O.S.No:63 of 1940.

.2. The brief facts of the case is as follows:-

.One Fazilathunia Begum Sahiba D/o. Nawab Walaja on 30.1.1877 through a Will appointed her full brothers sons namely 1) Mohammed Ameenkhen Hussain Khan bahadur 2) Khader Ali Khan Bahadur 3) Ghulam Hassan Ali Miyan 4) Ghulam Auzam Ali Miyan 5) Ghulam Jeelani Miyan and her own servants namley 6) Mohammed Namdar and 7) Mer Hussain Ali Khan Bahadur as Muthavallis of the Trust and dedicated the lands mentioned thereunder, with the endowments of doing Fathkha Ceremonies during ten days of holding Mohamrram viz., (1) the Fathikha Ceremony (2) The Fathkha of Huzuruth Imam Hussain, the Martiyur of Kerbala and on 11th day of Safar (3) The Fathkha of Founders deceased Mother Dowlathunnisa Begum and on 19th day of the month Zee Hajja and (4) The Fathikha of the Founders deceased brother Abu, Tuyrab Khan Bhadur Shujaeth Jung. In the Codicil executed by the founder on 2. 1877 the founder had also added the Fathikha Ceremony of the founder herself to be continued by the seven t























































































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