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2023 Supreme(Mad) 3290

V. LAKSHMINARAYANAN
Chairman, The Tamil Nadu Waqf Board – Appellant
Versus
M. S. Muhammad Yahya (died) – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr.Md.Fayaz Ali, Mr. N.A.Nissar Ahmed, Senior Counsel For Mr. I. Kowser Nissar
For the Respondent: Mr.N.A.Nissar Ahmed, For Mr.J.Kowser Nissar, Mr.P.Hari Babu, Mr.V. Manohar, for Mr.E.Sathyaraj, Mr. Md. Fayaz Ali, Mr.K. Then Rajan, For E. Sathiyaraj

ORDER :

Both these revisions are preferred against the order and decreetal order passed in O.A.No.19 of 2011 dated 27.04.2014 by the Waqf Tribunal cum I Assistant City Civil Court at Chennai.

HISTORY OF THE CASE :

2. There existed one Muslim gentleman by name Janab K. Magdoom Muhammed Marakayar. He belonged to the Shafi school of Islam. However, during his life time, he embraced the Hanafi school and also declared that he belongs to the latter school. The Almighty has bestowed him with a lot of wealth. He did not think only about himself and expansion of more wealth but thought about giving it back to the society. He wrote three documents viz.,

    (1) a document titled as Waqf-Alal-Aulad. This is a registered document registered on 27.08.1924. In this document, he declared that he belongs To the Hanafi School.

    (2) After the said document, he wrote a Will dated 03.04.1939.

    (3) This was followed up by a Codicil dated 06.04.1943.

The Will and Codicil was put before this Court in its testamentary Jurisdiction. Probate was granted on 27.04.1944 in OP No.106 of 1944.

3. Jb.K.Magdoom Muhammed Marakayar was managing his properties as long as he was alive. On his death, one Jb. M.S.A.Muhammad Jaffer

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