LAWS(MAD)-2023-9-147

CHAIRMAN Vs. M.S.MUHAMMAD YAHYA(DIED)

Decided On September 08, 2023
CHAIRMAN Appellant
V/S
M.S.Muhammad Yahya(Died) Respondents

JUDGEMENT

(1.) Both these revisions are preferred against the order and decreetal order passed in O.A.No.19 of 2011 dtd. 27/4/2014 by the Waqf Tribunal cum I Assistant City Civil Court at Chennai.

(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.,

(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 came to be the administrator of the property. He filed O.S.No.4285 of 1976 on the file of III Assistant Judge, City Civil Court, Madras. In the said suit, he claimed a right of management of the properties. In the said suit, Jb. M.S.Muhammad Yahya (the applicant in O.A.No.19 of 2011) was appointed as Receiver. This suit was tried along with another suit filed by Jb. M.S.Muhammad Yahya in O.S.No.8296 of 1988.