BASHEER AHMED SAYEED
President of F. 1250 Chowghat Firka P. C. C. Co-operative Society Ltd. , A. C. Raman – Appellant
Versus
Muthavally Seydali’s son Valiyakath Kaithakkal Kunhi Bara Haji – Respondent
This civil revision petition is against the decree and judgment of the learned District Munsiff of Chowghat decreeing the suit brought by the plaintiff claiming a sum of Rs. 285 towards rent due in respect of a godown belonging to the plaintiff for the month of February 1949. The defendant is the petitioner The plaintiff is the manager of a wakf and the suit property forms part of the family wakf created for the benefit of the descendants of the wakif and the ultimate benefit vests in poor orphans. The property is a godown said to have been constructed for the purpose of storing foodgrains. It was taken up by the Government and in the first instance was allowed to be kept by one of the distributors. Subsequently the defendant became the occupier of the premises at the stipulated rent of Rs. 285 per month. By Ex. B-2 dated 6th December, 1948 the defendant-society gave notice to the plaintiff that since the godown was no longer required for the society’s use, the plaintiff should take possession of the same on 15th December, 1948. The defendant-society also offered to give the key of the premises. This notice was promptly replied to by the plaintiff on the 14th of December,
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