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1967 Supreme(Mad) 473

A.ALAGIRISWAMI
Amir Jan – Appellant
Versus
Shaik Sulaiman Sahib – Respondent


Advocates:
V. Ratnam, for Appellant.
T.K. Subramania Pillai and R. Shanmugham, for Respondents.

Judgment:-

The appellant in this case is the plaintiff. The suit relates to a wakf property. The wakf was created by one Shaik Hussain under a document, Exhibit A-1 dated 19th February, 1904. Under this document Shaik Hussin provided that his three sons Sheik Ismail, Mohamed Hussain and Abdul Gafoor were to be joint trustees after him. Defendants 4 and 5 are the sons of Sheik Ismail and Mohammed Hussain respectively and the plaintiff is the son of Abdul Gafoor. The fourth defendant executed two possessory mortgages, Exhibits B-9 and B-32 to one Subramaniam over the property. This Subra-maniam assinged the othi to one Palavesa, who in turn assigned it to the first defendant. The first defendant created a othi of his othi right in favour of one Burhan Ali, who has assigned it under Exhibit B-33 to the second defendant, who is first defendant’s wife. The third defendant is a vendee from the fourth and fifth defendants of the wakf property under Exhibit B-7 dated 14th April, 1950 and Exhibit B-5 dated 24th February, 1949, respectively The plaintiff filed the suit out of which the second appeal arises for possession of the wakf property on the ground that it had been wrongly alienated by











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