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1956 Supreme(Mad) 27

GOVINDA MENON, RAMASWAMI
Asha Bibi – Appellant
Versus
Nabissa Sahib and others – Respondent


Advocates Appeared:
K.S. Desikan, N.S. Raghavan and T.S. Krishnaswami Aiyangar, for Appellants; R. Sundaralingam, S. Sitaraman and R. Venkatachalam, for Respondents.

Judgement

RAMASWAMI, J. :- This is an appeal preferred against the decree and judgment of the learned Subordinate Judge of Tanjore in O. S. No. 65 of 1948.

2. The facts are :- One Ibrahim Sahib constructed a mosque out of his private property on a site purchased by him in the East Rampart Street, Tanjore. He also constructed a "Chinna Alla Koil" and a Musafar Khana and founded a Thaikkal with the tomb of a saint at Pasupathikoil, Papanasam taluk. On 11-3-1889 and 11-7-1914 this Ibrahim Sahib made a trust deed and a will which have been analysed by a Bench of this Court consisting of King and Krishnaswami Ayyangar, JJ., in Mohideen Bivi v. Kaboor Sahib, A. S. No. 417 of 1933 (Mad) (A).

3. This will has been described by Krishnaswami Ayyangar, J., as an ill-drafted document expressing the intention of the testator in somewhat crude language and thereby affording material for most of the contentions relating to this will. The learned Judge held that from a careful reading of the various clauses there was no doubt that the testator intended the whole of his property to be devoted to the charitable purposes named by him, that the management of the property was to be with the Ibrahim Sahib


























































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