T.V. SIVARAJ ALIAS T.V. SIVARAJ RAHIMAN BAKISH PAKKIRI SAHIB AND ANR. Vs. M. SADASIVA IDANGAPIRANDER ALIAS M. SADASIVAM PILLAI

JUDGEMENT

(1.) THIS Civil Miscellaneous Appeal has been filed by the contesting defendants 1 and 2 in O.S. No. 15 of 1967 on the file of the Subordinate Judge of Kumbakonam, against the order of the learned Judge appointing a Receiver of the properties of which the defendants claim to be in possession.

(2.) THE dispute between the parties is over the right of succession to the office of Makkandhar or the Manager of the Thaikkal concerned in the suit. The Thaikkal was founded over a century back by a Hindu who came under the benign influence of a Muslim saint. He endowed, some properties for the Thaikkal. The Makkandhar, by birth a Hindu had to embrace Islam before becoming Makkandhar. The last Makkandhar was one such person named Balasubramania Rahim Bakish Pakkir Sahib. He died on 23rd February, 1967. The first defendant claimed to be the lawful successor on the ground of a nomination by the last Makkandhar in a registered will dated 13th December, 1964 (Exhibit B. -1). The first defendant is the sister's son of the last Makkandhar and also his son -in -law. The will recites that the first defendant was also adopted as son by the last Makkandhar. The first defendant further alleges that he embraced Islam and took possession of the Thaikkal and properties immediately.

(3.) THE matter was keenly contested before the learned Subordinate Judge Sri G.S. Krishnamurthi. But the learned Judge felt it was undesirable to pronounce any opinion even tentatively, on the conflicting titles to the properties. He thought that there was a scramble for possession and that that would suffice for the appointment of a Receiver.