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1925 Supreme(Mad) 367

ODGERS
Dost Muhammad Khan Sahib And – Appellant
Versus
Kadir Batcha Sahib – Respondent


JUDGMENT

Odgers, J.

1. In this case 4 plaintiffs Muhammadans brought a suit under Section 92 of the Civil Procedure Code for the removal of the defendant from the management of mosque Pallivasal in Ellaiammankoil Street, Tanjore, and for consequential reliefs including a scheme for the management of the said mosque. The 1st plaintiff is stated in the plaint to raside at Chunnambukara Street, the 2nd plaintiff at Kollupettai Street, 3rd at Attumanthai Street and the fourth out of Port, Tanjore.

2. The appeal has been argued before us on the point of want of interest of the plain- tiffs under Section 92 of the Civil Procedure Code and also with a view to establishing certain charges set out in plaint paragraph 8(f)(g)(i) and (1) in order to prove certain mismanagement in respect of the temple accounts and property. The learned Judge has dismissed the suit on all points and I shall proceed to deal with the first point that of interest as, in my opinion, the appeal can be disposed of on that ground.

3. The defendant in his written statement alleges that the plaintiffs are not residents of the locality, nor do they live close to the plaint mosque. They have never worshipped in the mosque n


















































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