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1937 Supreme(Mad) 308

VENKATASUBBA RAO
Alam Khan Sahib – Appellant
Versus
A. L. M. Karuppannaswami Nadan – Respondent


JUDGMENT

Venkatasubba Rao, J.

1. This appeal raises two important questions, first as to limitation and adverse possession in suits by trustees of religious institutions and secondly, as to a presumption in support of titles from long enjoyment. The suit has been brought for the recovery of nearly 60 items of immovable property from about as many defendants. The plaintiff (the appellant) claims them as the present trustee of an institution known as the Bairam Khan Thaikkal. The lower Court has upheld the plaintiffs contention that there was a valid wakf and that the gift of the lands, by whomsoever made, was confirmed in 1865 after the inam inquiry. The original trustee was said to be a holy saint, an ancestor of, the plaintiff, who may be called Bairam Khan I. Nothing is known of the subsequent history of the Thaikkal till the trusteeship was assumed by Bairam Khan II, the father of the plaintiff. He was a long-lived man, who after alienating the bulk of the trust property, died in the year 1914. The plaintiff brought this suit in 1926, that is, just on the eve of the, expiry of 12 years from his fathers death. The suit lands, as, the learned trial Judge points out in his careful ju





















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