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1950 Supreme(Mad) 48

VISWANATHA SASTRI
Sayyed Shah Abdul Latif Mohideen Khadiri Sujjatha Shibathullahi Sahib – Appellant
Versus
Mohammad Labbai – Respondent


Advocates:
S. Ramachandra Aiyar for Petitioner.
V. Ramaswami Aiyar and V. Meenakshisundaram for Respondents.

Judgment

The first defendant in O. S. No. 26 of 1948 on the file of the Court of the Subordinate Judge of Tirunelveli is the petitioner in this civil revision petition. The suit was brought by five worshippers at a public mosque called the Mohideen Andavar Pallivasal in the village of Pottalpudu as representing all the worshipping public of the locality interested in the mosque and in its proper administration. The defendants are five in number. The first defendant is stated to be the trustee of the endowment and defendants 2 to 5 have been impleaded as persons who might have a possible right of succession to the trusteeship after the first defendant. The suit was filed with the sanction of the Advocate-General endorsed on the plaint, for removing the first defendant from his trusteeship and the possession and management of the trust properties, for framing a scheme suitable for the administration of the public trust and for ancillary reliefs with which we are not now concerned. The suit was filed on the 1st of March, 1948. After the fifing of the written statements, as many as 14 issues have been framed in the case on the contentions raised by the parties. The suit has not yet been














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