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1990 Supreme(Mad) 295

VENKATASWAMI, K.M.NATARAJAN
The Tamil Nadu State Wakf Board, Reptd by its Secretary – Appellant
Versus
Umar Salai Mohamed Sait – Respondent


Advocates Appeared:
For the Appellant:Mr. A.A.S. Mustafa, Advocate.
For the Respondents:P.T.S. Narendravasan, T.M. Hariharan, P.R. Balasubramanian, Advocates.

Judgment :-

K.M. NATARAJAN, J.

1. The unsuccessful plaintiff before the courts below has preferred this appeal, challenging the judgment and decree passed by this court in A.S. No. 1200 of 1979, confirming the dismissal of the suit by the Principal Sub Judge, Madurai.

2. The facts which are necessary for the disposal of this appeal can briefly be stated as follows: The appellant, hereinafter referred to as the plaintiff, filed the suit for a declaration that the suit properties are wakf properties and for recovery of possession thereof from the respondents/defendants. The case of the plaintiff is that the suit properties were formerly comprised in I.D. No. 227 and both the warams were granted to the Pallivasal of Goripalayam. Madurai, for its maintenance and upkeep and that they are wakf properties. The persons who had been in management were not competent to alienate the properties. After constitution of the Wakf Boards enquiry was made it was learnt that the suit properties were wakf properties and they were also listed in the Gazette. Since no one had instituted suit within one year from the date of Notification the character of the properties as Walk properties become conclusive a









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