Amin Miran Sahib And Ors. vs Medan Hussain Sahib on 22 December, 1908

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82
Madras High Court
Amin Miran Sahib And Ors. vs Medan Hussain Sahib on 22 December, 1908
Equivalent citations: 4 Ind Cas 1118
Bench: Munro


JUDGMENT

1. If the suit for which sanction has been granted was a suit under Section 14 of the Religious Endowments Act there would be no ground for interference under Section 622, C.P.C. But it is clear from the application for sanction that the suit for which sanction is sought is not the suit against the defendants as trustees, managers, or superintendents of the mosque or as members of Committee. It is only such suits that are contemplated by Section 14 of the Religious Endowments Act and it is not shown that the Act makes any other provision for the bringing of suits. It is for the institution of suits referred to in Section 14 that sanction is required under Section 18. The District Judge has, therefore, no jurisdiction to grant sanction in the present case and the sanction is set aside with costs.

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