ABDUL KHADER Vs. MOHAMMED ALI

JUDGEMENT

(1.) The defendants in O.S. No. 26 of 1984 on the file of the Munsiff's Court of Alathur are the appellants in this Second Appeal.

(2.) The respondents herein filed the above suit for a declaration that the plaintiffs have the right of burial in the plaint schedule property and for issue of a perpectual injunction restraining the defendants from interfering with their right of burial in the plaint schedule property and also with their right to offer Janaza prayer in the mosque therein.

(3.) It is the plaintiffs' case that the plaint schedule property was purchased for the Jamaath of Muslims of Mangalam Dam as per Ext.A1 document and subsequent to this transaction, the plaint schedule property was utilised as the burial ground of Sunni Muslims of Vandazhi Village, Mangalam Dam desom. A mosque was also constructed in the plaint schedule property for the purpose of performance of Janaza prayers. It was also, alleged that Sunni Muslims of Mangalam Dam have got a right to use the plaint schedule property as burial ground and to offer Janaza prayers in the mosque in the plaint schedule property. The plaintiffs were members of Mangalam Dam Sunnath Juma mosque. Since some of the members were dissatisfied with the management of the committee and apprehended that the committee may raise objections in the burial of such members, O.S. No. 33 of 1981 was filed. It culminated in a compromise evidenced by Ext.A2 according to which it was conceded that plaintiffs in that suit have right to bury the dead body in the plaint schedule property. Some of the plaintiffs started a new mosque by name 'Vadakkekalam Mohiyiddin Jumaath Palli; but according to the plaintiffs, they continued to be members of the Mangalam Dam Jamaath. However, the defendants raised objections to their offering prayers at the burial ground and declared openly that the plaintiffs would not be permitted to use the plaint schedule property as burial ground. Therefore, the Secretary of the Mohiyiddin Juma Mosque lodged a complaint before the District Collector of Palghat on 25-12-1982. Again on 30-12-82 Secretary of the Mohiyiddin Juma Mosque made representations to a Parliament Member and also to the Circle Inspector of Police, Alathur. Proceedings under S.145 and 146 of the Code of Criminal Procedure were also sought, to be instituted. When the dead body of one Veera Umma was taken to the plaint schedule property for burial the defendants raised objection. Ultimately the police intervened and the body was buried. The members of Mohiyiddin Jamaath including the plaintiffs have no other burial ground except the plaint schedule property. It is with these averments the suit was filed.