V.RAMASWAMI
Dr. O. C. Mohamed Hashim – Appellant
Versus
Tamil Nadu State Wakf Board, rep. by Secretary – Respondent
1. The petitioner is the trustee and Mutavalli of Osmania Mosque, Chintadripet, which, according to the petitioner, was built 100 years ago by his grand father, late Tanjore Mohammad Usman Sahib. It appears, there are four shops in the front portion of the mosque and it is stated in the affidavit that the income from it ( sic ) was intended for and utilised by the petitioner solely for the maintenance of the mosque. The founder also seems to have purchased two other properties, namely, Nos. 21 and 22 Agraharam St., Chintadripet and at present there are about nine shops in those two properties. The affidavit of the petitioner further states that the founder utilised a portion of the income from these two properties whenever necessary for the expenses of the mosque but the bulk of the income therefrom was being utilised, for his family and for distribution among the members of the founders family, called the beneficiaries. On these allegations, the contention of the petitioner was that these two properties constitute what is called ‘Wakf-al-aulad, under the Muslim Law. The Wakf-Board by a notice, dt. 2nd August, 1977 required the petitioner to show cause as to why he shoul
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