P.R.SHIVAKUMAR, K.RAVIRAJA PANDIAN
Fuaad Musvee & Another – Appellant
Versus
M. Shuaib Musvee & Others – Respondent
(P.R. SHIVAKUMAR, J).
O.S.A.No.244 of 2005 is directed against the order of the learned single Judge of this Court dated 29.06.2005 made in O.A.No.1749 of 2005 in C.S.No.66 of 2005. O.S.A.No.60 of 2007 is directed against the common order dated 29.01.2007 by another learned single Judge of this Court made in O.A.No.78 of 2005 and O.A.No.1748 of 2005 in C.S.No.66 of 2005. As both the appeals have arisen out of orders passed in the original applications in one and the same civil suit, for the sake of convenience and with the consent of the parties, both appeals are taken up for disposal by this common judgment.
2. The brief facts leading to the filing of these appeals are as follows:
i) One Hajee Ebrahim Sait executed a wakf deed on 30.11.1923. Under the said deed, three items of immovable properties, all situated in Bangalore and belonging to the said Hajee Ebrahim Sait, were endowed as a wakf-alal-aulad. In clause 12 of the said wakfnama, it has been provided that a sum of Rs.1,770/-out of the annual income derived from the endowed properties shall be spent for various pious and charitable purposes mentioned in the wakf deed. Clause 13 of the deed provides that the surpl
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