N R ABDUL AZEEZ Vs. E SUNDARESA CHETTIAR

JUDGEMENT

(1.) There is a dilapidated mosque like structure in S. No. 187 of Sheik Manyam in Vanagaram village, Saidapet, Chingleput, District. This building with the land appurtenant thereto measuring about 17,000 sq. ft. south of cart track, north of poramboke land, east of part of S. No. 187 and west of tank is the subject matter of the second appeal. The entire S. No. 187 before sub division comprised of an extent of 51 acres 17 cents. Ex.B.3 the Extract from the Registrar of Inams in the village of Vanakaram discloses that this extent was originally granted to one Kayarunnissa as a personal Inam. Subsequently one Haji Mohammed Abdul Khadi Basha Sahib became the owner of this property. Under Ex.B.4 dated 23-9-1898 he settled this land in favour of his minor son Mohammed Habibulla Basha Sahib. The donee sold away the property to one Anniah Naidu under Ex.B.5 the registered sale deed dated 15-3-1917. Subsequently Anniah Naidu became insolvent and this property was sold by the Official Assignee of the High Court in favour of one Jaganathan under Ex.B.6 the deed of conveyance dated 1-5-1919. Jaganathan also became insolvent and Elumalai Chettiar father of the respondent herein purchased this property from Official Assignee under Ex.B.7 the deed dated 31-10-1935. After the demise of Elumalia Chettiar there was partition in the family under Ex.B. 8 dated 9-3-1960. There is no dispute that in this partition the defendant-respondent was allotted S. No. 187/1 measuring 24 acres and 63 cents while an extent of 26 acres and 17 cents in S. No. 187/3 came to the share of his brother. During the Sub division the remaining extent which is a channel was marked as S. No. 187/2.

(2.) The appellants claiming that the decrepit structure is an ancient mosque of more than 200 years old wherein the muslims of that locality were offering worship, that in one part of the said mosque they bury their dead for the past 200 years and more and that all of a sudden the defendant-respondent has prevented them from saying their prayers in that place instituted O.S. 674 of 1971 on the file of the District Munsif of Poonamallee on behalf of themselves and muslim worshippers for an injunction restraining the defendant/respondent from preventing their offering worship.

(3.) The respondent/defendant resisted the action contending that the appellants who are not the residents of Vanakaram Village have no locus standi to maintain the suit. No muslim ever offered worship in the disputed building. There is no mosque as such in any part of S. No. 187. Though there is a dilapidated structure therein, only after obtaining an ex parte order of interim injunction, for the first time plaintiffs and their men made a pretention of offering worship in that place. The graves adjoining the building are not those of muslims. The respondent and his predecessors in title are in continuous and exclusive possession of the entire property and they have perfected title by adverse possession. After settlement proceedings under Ex.B9 a ryotwari patta has been issued to the respondent and his brother on 12-3-1970 for the entire land. The respondent alone has been using the disputed building for stocking agricultural implements and paddy. The private property of this respondent cannot be converted into a mosque merely because it may have the appearance of a mosque.