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1998 Supreme(Mad) 1691

A.RAMAMURTHI
Shanmugham – Appellant
Versus
Tamil Nadu Wakf Board, Represented by its Special Officer – Respondent


Advocates Appeared:
For the Appellants:Ms. Hema Sampath, Advocate.
For the Respondent:A.S. Kaizer, Santhana Gopalan for M/s. Udayakumar & P. Johan Peter, Advocates.

Judgment

1. The unsuccessful legal representatives of the 4th defendant viz., defendants 6 to 13 have preferred the second appeal aggrieved against the judgment and decree in A.S.No.117 of 1972 on the file of Sub Court, Chidambaram.

2. The case in brief is as follows:

The plaintiffs filed a suit for recovery of possession from the 4th defendant. One Haji Yaqoob Sahib son of Mohamed Ghouse Sahib dedicated the plaint schedule property as Wakf-alal-aulad by a registered wakf deed dated 2.8.1944. Under the document, a family wakf was created and the son Mohamed Musa Sahib and the descendants are entitled to enjoy the income from the suit property as beneficiaries without any power of alienation. The 1st plaintiff is the Mutavalli of the said wakf and the 2nd plaintiff is the State Wakf Board represented by its Secretary. The 2nd plaintiff has filed the suit as co-plaintiff under Sec.15(i) of the Wakf Act, 1954. Defendants 1 to 3 got possession of the property under the partition deed dated 27.3.1947 and they, in turn, sold the properties to the 4th defendant on 7.8.1952 under a registered document. The partition as well as the subsequent alienation are void ab initio and the plaintiffs













































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