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1962 Supreme(Mad) 285

S.RAMACHANDRA.IYER, ANANTANARAYANAN
Haji K. M. Abdul Kasim – Appellant
Versus
P. M. N. Mohammed Dawood – Respondent


Advocates Appeared:
M.K. Nambiyar, for M. Ramachandran, for Appellant; T.R. Srinivasa Iyengar, S. Parthasarathi, T. Krishnaswami Iyengar, M.P. Sundararajan, M.M. Ismail and M. A. Satbar Sayeed, for Respondents.

Judgement

RARUCKAHDRA IYER, C.J. :- The sole question that arises for determination in this appeal against the judgment of Rajagopalan, J. is whether an order of the Wakf Board constituted under Act XXIX of 1954 (The Wakf Act, 1954) granting permission to certain relators to institute a suit, can be regarded as amounting to the performance of a quasi judicial duty so as to be subject to the jurisdiction of this Court under Art. 226 of the Constitution. The learned Judge this judgment is reported in Abdul Kasim v. Mohamad Dawood, 73 Mad LW 649 : (AIR 1961 Mad 244) has answered that question in the negative. Hence this appeal.

2. The appellants are three among the six trustees of Annural Muhamniadiyah Madrasa Trust which is being administered under a scheme framed by this Court. Respondents 1 to 7 to this appeal claiming to be interested in the institution and complaining of breaches of trust on the part of the trustees and also alleging that directions of the Court were necessary to amend the existing schema approached and obtained from the Advocate General, Madras sanction for filing a suit for reliefs coming under S. 92, C. P. Code. The trust being a muslim wakf, a further sanction
































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