Syed Mahomed Ghouse – Appellant
Versus
Sayabiran Sahib deceased – Respondent
1. These four appeals all arise out of the same suit. It related to the right of trusteeship of the durgas of Killai and Nawabpet in Chidambaram taluk and was originally filed by the sixteenth defendant (who is now dead) claiming to have been nominated by the last holder Mohideen Shah who died in 1905. That case was found against by the Subordinate Judge who therefore dismissed the suit. There was an appeal to the High Court A. S. No. 168 of 1910. That appeal was disposed of by Sankaran Nair and Spencer, JJ., in 1914. They agreed with the finding of the lower Court that the plaintiff was not nominated by the last holder but held that the suit need not be dismissed, and that fresh appointment can be made by the Civil Court and they reversed the decree and sent the case back with a direction that all other interested parties should be made parties to the suit. After the case went back, the original plaintiff compromised the matter and did not prosecute the suit any further. Four other persons then became plaintiffs; Of these the first plaintiff was ultimately appointed as Manager of the Killai durga and the second plaintiff was appointed for the durga of Nawabpet by the Subor
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