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Equiv Alent Citation: 2000 (3) C TC 193, 2001-1-LW196, (2000) IIMLJ461
Equiv Alent Citation: 2000 (3) C TC 193, 2001-1-LW196, (2000) IIMLJ461
ORDER
K.P. Sivasubramaniam, J.
1 . This Second Appeal is directed against the judgment of the learned Subordinate
Judge, Thirunelveli in A.S. No. 67 of 1993 confirming the judgment of the learned
Additional District Munsif, Thirunelveli, in O.S. No. 467 of 1982. The first defendant in
the suit is the appellant in the above second appeal.
2 . The suit was filed for a declaration that Melapalayam Rahmania High School,
belonged to the plaintiff/Pallivasal and that the first defendant should hand over the
administration of the School to the plaintiff. According to the plaintiff, the High School
belongs to Pallivasal and was established 80 years prior to the suit by collection of
funds from the members of Jamath. The School is being conducted in the property at
No. 35 belonging to the plaintiff in the same street. Since then the members of Jamath
had been providing funds for the administration of Pallivasal and also the School
through the Pallivasal. For the purpose of administering the properties belonging to
Pallivasal, a Committee was constituted (Therku Mohideen Pallivasal Mutheru
Committee) and registered on 22.11.1958 and the said Committee is in charge of the
administration of the properties including the school. When the school was at the stage
of an elementary school, Hasan Abu Bucker, grandfather of the defendant was the
Muthavalli and he was also the Manager and the Correspondent of the School. After his
death, his son (father of the first defendant) Syed Thamim Sahib was appointed as the
Manager of the School. During his period, the School was upgraded to a High School
under the control of the Committee. He died in the year 1956 and the Educational
Authorities recognised the first defendant as the Manager and Correspondent. The
Committee was representing the Educational Authorities that the School should be
registered as belonging to Pallivasal. By a communication dated 1.7.1981 the District