ABDUL RAHMAN KHAN Vs. IQBAL

JUDGEMENT

(1.) This Second Appeal is filed against the concurrent findings of the fact. The suit claim relates to the rights of getting "Maalaimurai" in the Sikkandar Bhadusha Dharga at Thiruparankundram. Admittedly, the right is conferred upon the five branches decendants of one Val Khan. This management of Dargah is conferred on the five branches in turn.

(2.) According to the plaintiffs, branch Nos.2,3,4 and 5 gets 3/14th share each and the first branch has got 2/14 share. Barring a sum, which is reserved for religious purposes, the balance of income used to be shared between all the branches.

(3.) The first defendant, who is one of the members of the branches had transferred his right to the second defendant, who is not related to any other branches. This was objected to by the other branches, after the death of the first defendant, on the ground that female members in the Muslim Community have no right to manage the Dargah. Hence the plaintiff filed the suit for declaration and consequent injunction not to interfere in his management of the Dharga on his turn.