V.M.VELUMANI
Hazarat Thable Aalam Badusha Natharvali, Dargah rep by its Representatives (i) A. B. D. Badusha (ii) S. Mohammed Mydeen (iii) M. R. Jabarullakhan (iv) Syed Gulam Rasool – Appellant
Versus
F. Syed Ameenudeen – Respondent
V.M. Velumani, J.
Both the CRPs are filed challenging the common order, dated 09.10.2015 passed by Wakf Tribunal, Trichirappalli in W.O.P. Nos. 2 & 4 of 2012. The issue involved in both the CRPs are interlinked and filed against the common order and hence, both CRPs are disposed of by common order.
2. Facts of the case :-
The respondents 1 & 2 are Pangalies of first petitioner Dargah viz., sharers of residue income of Dargah. The Dargah is administred by Trustees as per the Scheme decree, dated 29.01.1930 made in O.S. No. 91 of 1925 by the learned Sub Judge, Trichirapalli. As per the Scheme Decree, the Dargah is administrated by five Trustees. One is hereditary Trustee selected for life. One is Pangali Trustee elected for three years from and among Pangalies eligible to vote. A separate voters list of Pangalies is prepared and maintained. Rules for conducting the Election was framed in the year 1952. As per the rules, when one Pangali dies, his legal heirs can make an applications to the Trustees to be recognised as one of the Pangalies. After verification of supporting documents and being satisfied with the claim, a person can be included as Pangalies. The Board of Trustees ha
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