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1926 Supreme(Mad) 541

JACKSON
Dost Muhammad Khan – Appellant
Versus
Hassarath Kibulae Sayyad – Respondent


JUDGMENT

1. In the hearing of this appeal we have been much handicapped by the fact that the appellant has printed none of the documents or other evidence on which he relies, so that the examination of evidence has been impossible and we have had to be guided solely by the remarks of the learned Judge in his judgment.

2. The suit is brought under Section 92, Civil P. C., for a declaration that the defendant is not the rightful trustee of a certain Makhan and that a scheme be framed for the proper management of the Makhan and its affairs. As a good deal turns upon the nature of this institution, as far as it can be made out from the meagre materials at the disposal, it must be noted that the plaintiffs in para. 3 refer to it as the "Ashraf Shah Sahib Makhan or mosque or darga at Dalvapalayam," which they assert is a public religious and charitable trust and that among its endowments are three villages of Dalvapalayam, Vuluthur and Chakkrapalli granted by the then Rajah of the District for the support of the mosque. These three villages were granted by the Maharajah of Tanjore in the year which seems somewhat uncertain in the grant but it is said to be 1757 and it is set out in the lea

















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