STATE OF MADRAS Vs. MOHAMED SAHIB QUARESHI

JUDGEMENT

(1.) THIS appeal is directed against the decree and judgment of the learned Third assistant Judge of the City Civil Court, Madras, in O. S. No. 1147 of 1956. The plaintiff in the suit is the State ofi Madras represented by the Director of government Transport, Madras. The suit property is room No. 1, South Block, body Guard Lines, Transport House, Mount Road, Madras. The premises belonged originally to the Government of India, in the Military department. They were used as residential lines by the Body-guard sepoys of the Governor of Madras. In 1900, the premises were transferred from the Military Department of the Government of india to the Provincial Government. Sometime after 1900, the Muslim troops who then occupied the Body-guard lines created a small building in the compound for offering prayers. Another small building was also put up for the residence of the mullah who offered prayers. In or about 1904-1905, the new lines of buildings called Sepoys' quarters in three blocks, each block consisting off a number of rooms were put up by the Government of Madras to be used as quarters for the sepoys of the body-guard. Room No. 1 in South Block, the suit property, appears to have beea occupied by Mohamed Sahib Quareshi, the defendant sometime after 1905.

(2.) THE plaint alleged that this occupation was presumably with the connivance of the body-guards and sepoys who then occupied the quarters. In or about 1947, the necessity for the body-guards of the Governor to reside in the suit premises ceased. The body-guard lines were handed over to the State Transport department of the State of Madras, and they used it thereatter tor housing the transport department and also for various purposes connected with that department The plaintiff issued notices to the defendant to vacate possession of the suit property, in 1949 and again in 1951, but the defendant refused to deliver possession. A suit was filed for recovery of possession with damages and mesne profits.

(3.) THE defendant in his pleadings alleged thus. The suit building formed part and parcel of the Mosque; it was necessary and indispensable for the beneficial enjoyment and maintenance of the mosque; the suit premises were granted for the maintenance of the mosque; the suit should have been filed against the mosque and not against the defendant who is the Mullah. The suit was also barred by limitation. The mosque is an old institution standing for over a century. In or about 1906 the muslim public including the muslim troops converted it into a pucca masonry structure, and for a long time before that, for over 60 or 70 years there was a temporary structure used as a mosque. The mosque is a public mosque wherein the public offer worship. It is a wakf. The building in the ocupation of the mullah is part and parcel of the mosque, as aforesaid, and the Mullah occupied the suit property as part of his employment. The suit property was given in grant by the Government a century ago. So long as the mosque continues, the mullah also has necessarily to reside in the same building. The claim for damages, for use and occupation was denied.