A.R. ABDUL KHADER Vs. P. FAKEER MOHIDEEN

JUDGEMENT

(1.) This revision has been filed against the dismissal of a suit in ejectment filed by the Petitioner in the Court of Small Causes at Madras, under Sec. 41 of the Presidency Small Causes Court Act, 1882.

(2.) The Plaintiff in the suit was R. Abdul Khader, Trustee of 1907 Endowment of A. Pailwan Sahib. The suit was filed in ejectment of a tenant to whom certain property belonging to the Endowment had been demised. The tenant in question was one Fakeer Mohideen. He was impleaded as the first Defendant in the suit. Besides, Abdul Khader, who had filed the suit on behalf of the Endowment as a trustee, there were two other trustees for this trust by name Nitamuddeen and Abdul Ghani. These trustees could not bo prevailed upon by Abdul Khader to join him as co -Plaintiffs to file the ejectment suit. Hence they were impleaded as the second and third Defendants in the suit.

(3.) The tenant, Fakeer Mohideen, was the only contesting Defendant in the suit. He filed written pleas before the Court. In his pleas, he inter alia disputed the legal authority of Abdul Khader to act in isolation as a trustee of the Trust and issue a notice of termination of his tenancy or to file a suit in ejectment in the Court as the sole Plaintiff, when there were other trustees. According to the first Defendant, the Plaintiff cannot act alone in these matters, because he was not the sole trustee of the Endowment.