LAWS(MAD)-1990-11-77

M S ABUTHAGIR Vs. PEER MOHAMMED

Decided On November 30, 1990
M.S.ABUTHAGIR Appellant
V/S
PEER MOHAMMED Respondents

JUDGEMENT

(1.) THIS appeal is directed against the judgment and decree rendered in O.S.No.250 of 1970 dated 5.11.1980 on the file of Sub-court, Dindigul. Defendants 3 to 5 are the appellants herein. The suit was filed in a representative capacity for cancellation of the suo motu scheme framed by the Special Officer, Wakf Board, dated 17.8.1968 in W.ANo.9 of 1968 and for a direction to frame a single consolidated scheme for the suit Pallivasals. The trial court decreed the suit as prayed for with costs. It is against that judgment and decree the present first appeal has been filed by the defendants 3 to 5.

(2.) IN the plaint, the case of the plaintiffs is as under: IN Cumbum town from ancient time, there was only one mosque called Vaveer Pallivasal or Bava Fakruddin Pallivasal or "Big Mosque". All the original Muslim in habitants of Cumbum used to pray in the said Mosque. They constituted a Jamath known as Cumbum town Jamath. There are two other Pallivasals, known as Mohideen Andavar Pallivasal and Mamarathubava Pallivasal. Mohideen Andavar Pallivasal is now in a dilapidated condition. This was used for idgah at the time of Bakrid and Ramzan. Mamarathubava Pallivasal is a Darga. It is a open ground where cultivation is going on. It is situate two miles away from Cumbum town.

(3.) THE Jamath for all the three Pallivasals was consisting of original permanent Muslim inhabitants of Cumbum town inclusive of Uthamapu-ram. In 1954 these three Pallivasals were registered under the Wakf Act. While so, about 30 years ago the Muslims who came from Rajapa-layam built a mosque of their own called "New Mosque" or Masjid-E-Ilahi". THE immigrant Muslims from Rajapalayam constituted Jamath for the said Mosque. THEy do not belong to the Vaveer Pallivasal Jamath consisting of original Muslim inhabitants of Cumbum.