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1942 Supreme(Mad) 157

ABDUR RAHMAN
Sundaramurthi Nainar – Appellant
Versus
Chotti Bibi alias Bacha Bibi – Respondent


JUDGMENT

Abdur Rahman, J.

1. This appeal arises out of a suit brought for the recovery of possession of a tope of which a lease was granted to the first defendants grandfather on the 22nd January, 1891 (Ex. I) for a period of 83 years by two brothers Quadir Khan and Sikhandar Khan as mutavallis of a mosque and a graveyard situate in Sirukadambur (Ginjee taluk). It was described to be a bilmuktha lease and the lessee was to recover the money alleged to have been advanced by him to the mutavallis both before and at the time of the execution of the lease from out of the income of the land received by him during its continuance. Quadir Khan died in 1902, leaving several sons and daughters as his heirs. Sikhandar Khan died on the 8th April, 1925. He left only one daughter Chotti Bibi. She has brought the present suit impleading her own sons (defendants 17 and 18) and Quadir Khans children (defendants 10 to 16 and 19 to 22) as defendants.

2. The plaintiff came to Court with the allegation that Ismail Shah Faquir was the hereditary mutavalli of the mosque and the graveyard and the Tauliat having devolved first on his sons and eventually on his grandsons Quadir Khan and Sikandar Khan, the lat




















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