SAHRUVAN NACHIAR Vs. V S MOHAMED HUSSAIN MARACAIAR

JUDGEMENT

(1.) These two appeals arise out of a common judgment passed by the Subordinate Judge, Nagapattinam in O.S. Nos. 36/86 and 112/86 dated 11-11-1987.

(2.) The suit in O.S. No. 36/86 was filed for declaration that the suit property is a Muslim Charitable Property and the plaintiff is the sole trustee of the same and for recovery of possession of the suit property from the defendants. The suit in O.S. No. 112/86 was filed for removing the first defendant as trustee of the suit property, declaring the second and third defendants as unfit to hold the post of trustee, declaring the plaintiff as the proper trustee of the suit property and for recovery of possession of A schedule property from the first defendant.

(3.) The trial Court, by a common judgment, decreed the suit in O.S. No. 36/86 as prayed for with costs and dismissed the suit in O.S. No. 112/86 with costs. Aggrieved by the same, the defendants in O.S. No. 36/86 preferred an appeal in A.S. No. 45/88 and the plaintiff in O.S. No. 112/86 preferred an appeal in A.S. No. 191/88 before this Court.