K NAINA MOHAMED Vs. S MOHIDEEN

JUDGEMENT

(1.) Leave granted.

(2.) The order of the learned single Judge of Madras High Court interfering with the selection made by the District Judge for appointment of Hereditary Trustees is the subject-matter of challenge in this appeal. It is not necessary for us to indicate the facts in detail. Suffice it to say that a wakf had been created by virtue of two Wakf deeds dated 16-12-1900 and 6-4-1901 and a scheme was ultimately framed for the management of the said wakf by order dated 30/08/1978 in Original Suit no. 6/70. Under the scheme the District judge is required to appoint as Hereditary and Non-Hereditary Trustees for a period of three years and so far as Hereditary Trustees are concerned, the District Judge is required to make appointment from three different branches of the founders.

(3.) The selection in the present case was made by the learned District Judge for the period from 25-9-1998 to 24-9-2001 and in the present case we are concerned with the third branch. There are as many as seven applicants for being appointed from the third branch as trustees and the learned district Judge appointed the present appellant K. Naina Mohamed and one N. Abubucker.