MOHIDEEN KHAN Vs. GANIKHAN AND OTHERS

JUDGEMENT

(1.) THIS is an Appeal against an order of the Subordinate Judge of Cuddapah dismissing a petition for leave to sue in 'forma pauperis' under O. 33. R. 1, Civil P. C.

(2.) THE appellant's case, is that the nine items of lands, described in the schedule annexed to the petition are the endowments of a mosque called Maddekhan Masjid. of which one Haji Khan Jamman, who died on 19 -8 -1949, and respondents 1 and 2 are the trustees. He alleged that the three trustees divided some of the properties among themselves prior to 1925 and the remaining properties subsequent thereto and that thereafter they neglected the management of the institution and alienated the suit properties in favour of respondents 3 to 30, who are now in possession.

(3.) THE Subordinate Judge held, that the appellant did not claim, recovery of the properties as a beneficiary of the trust and that the petition did not disclose a valid cause of action for the appellant to sue and dismissed the petition.