NARAYAN KRISHNAJI Vs. ANJUMAN EISLAMIA

JUDGEMENT

(1.) The suit out of which this appeal arises was filed by the plaintiffs in two capacities--(1) one under Section 92, Civil P. C., after obtaining the sanction of the Deputy Commissioner, Shimoga District, and (a) in a representative character under Order l, Rule 8, Civil P. C. After the suit was filed, the plaintiffs made an application to the Court under Order 1, Rule 8, Civil P. 0. and the Court ordered the publication of usual notices inviting the inhabitants of Shimoga town to join in the suit either as plaintiffs or as defendants.

(2.) The property involved in this litigation is a large piece of land situated in Shimoga Town in which there is a gymnasium or talimkhana and some shops on the edge of the open space abutting the road which belonged to the institution of Talimkhana. The property is apparently of considerable value as the land is situate in a prominent part of the Town of Shimoga and is capable of being largely developed for the benefit of the persons who may be interested in the growth of sports generally and of wrestling in particular. This property has been the subject of a longstanding litigation.

(3.) Though there are as many as nine defendants in the case the suit was contested practically by defendants l and 9. Defendant 1 is the Anjuman E. Islamia, Shimoga, and is represented by its President and Secretary, defendants 2 and 9. Defendant 9 is said to be the present President of that institution. It has been stated before us that the Anjuman E. Islamia is a registered Association having a membership of some Muslims in Shimoga Town. It may be mentioned here that Plaintiff 6 is a Muslim while defendant 6 is a Hindu to avoid any suggestion that the suit is brought only by the Hindus of Shimoga town as was put forward somewhat weakly during the course of the arguments. In fact, as already stated, the suit has been brought on behalf of the entire public of Shimoga town, both Hindus and Muslims, and the public of Shimoga town were allowed to support either the plaintiffs or the defendants by joining in the suit. The Muslims of Shimoga have not applied to join the suit as such.