KRISHNASWAMI NAYUDU
Syed Unnisa – Appellant
Versus
Rahimuthunnissa – Respondent
This second appeal mainly raises the question of the scope and applicability of the Muslim Personal Law (Shariat) Application Act, (Act No. XXVI of 1937.) The plaintiffs claiming to be the daughter and widow of one Fakruddin instituted the suit for a declaration that they are entitled to enjoy the properties mentioned in the plaint, manage the durgah, perform the Urs festival and receive all the incomes, endowments and perquisites thereof once in every eight years according to their turn on the ground that the properties originally belonged to four Mussalmans and they have been enjoyed from time immemorial for a number of generations in four equal shares by the respective descendants of four persons mentioned and that the plaintiffs and the defendants are the descendants of one Shaik Mohammed. Their case is that their turn comes once in every eight vears. In 1926 during their turn they performed the Urs festival and in April, 1934, when arrangements were made for the celebration of the Urs festival there was objection by the defendants and therefore they sued for the declaration and injunction. Defendants denied the allegations as to the plaintiffs taking part in the Urs
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