ABDUL RAHIMAN MUSALIAR Vs. T K MUHAMMED SAHIB

JUDGEMENT

(1.) The plaintiff in O.S. No. 764/92 on the file of the Munsiffs Court, Palakkad is the petitioner in C.R.P. No. 921/2001 filed against the order in I.A. No. 1300/2001. He is also the appellant in C.M.A. No. 15/2002. Whereas the defendants 2 and 3 in the said suit are the petitioners 1 and 2 in C.R.P. No. 914/2001 filed against the order in I.A. No. 1427/2001. They are also the appellants in C.M.A. No. 16/2002. The brief facts are as follows: -

(2.) The plaintiff instituted the suit before the Munsiffs Court, Palakkad claiming himself to be the Mutawalli of Palakkad Manjakkulam Mosque Jaram. The plaint allegation is that Manjakkulam Palli Jaram is an ancient Muslim Mosque where one Sayeed Khaja Hussain, who was a divine person breathed his last in the said place and a Jaram was constructed and the family of the plaintiff constructed a Mosque and managed the affairs. The senior most member of the Arakkal family was in successful management of this private Wakf. Public used to come for making prayers irrespective of religion or caste in this Jaram. The plaintiff claims to be the senior most member and in that capacity he is the Mutawalli since 1969 and managing the affairs. The Wakf is also registered with the Wakf Board as private Wakf. For the purpose of renovating the Mosque steps are taken by the public for which purpose with the full knowledge and consent of Mutawalli, a committee of 11 persons was constituted and renovation work is in progress. There is a Madrassa also run under the management of the plaintiff. For that purpose also a committee was constituted; but the entire management of the Mosque and the Madrassa vests in the plaintiff and no one has got any right over the same. While so, the plaintiff happened to see a notice in the notice - board stating that a committee was constituted with the 1st defendant as the President and the 2nd defendant as the Secretary. When he enquired about the same he came to know that it was constituted for the personal gains of the defendants and that there is an attempt on the part of the defendants to collect money unauthorisedly and also to take over the management of the Mosque for which they have absolutely no right. According to the plaintiff, the management of the Mosque and Jaram is strictly in accordance with the directions and under the control of the Wakf Board. Hence, it is prayed that the defendants be prevented from interfering with the management of the Mosque and Jaram or in connection with the affairs of the same and permanent injunction is sought for restraining them from collecting any amount or interfering with the affairs of the Mosque and Jaram.

(3.) A written statement was filed by the 2nd defendant denying the allegations contained in the plaint. It is alleged that it is only a test case and also stated that the plaint schedule Mosque is a public trust. The description of the plaintiff as Mutawalli is not legally supportable and it is also denied. It is also stated that the plaintiff is not appointed as Mutawalli of the Wakf by anybody and that he is not managing the affairs of Manjakkulam Mosque, Jaram and Madrassa. It is admitted that Manjakkulam Mosque is an ancient one and the Jaram is also very ancient. The Jaram and Mosque are situated in two rooms of the same building. There is a committee constituted for the purpose of renovation of the Mosque and there are coconut trees standing in the property. The renovation of the building is done by the public with public fund. It is denied that Arakkal family was in the management of the Mosque or the Jaram. It is also denied that senior most member of the said family was the successful Mutawalli of the Jaram. It is also their case that the Wakf in question is public Wakf and that the Sunni Muslims of the Palakkad Municipality are the beneficiaries and that the plaintiff or his family has no right in the Mosque, Jaram or in the property where these institutions stand. It is admitted that people belonging to different religions used to come and make their prayers and offerings. The management of these institutions is done by committee constituted by the beneficiaries who are the Sunni Muslims since 1982. It is the general body which elects the managing committee and the management is being done by the said committee. It is further denied that the plaintiff is in the management of the affairs of the Mosque or Jaram and if at all he was in any such management that is not authorised.