ABDUL BAQI Vs. CHAITANYA SWARUP

JUDGEMENT

(1.) THIS is a plaintiffs' appeal arising out of a suit for perpetual in junction restraining the respondents from obstructing the appellants in offering their daily prayers, Juma prayers, reading Tara-veeh, Janaza prayers and holding annual Milad in the mosque in dispute which is situate within the enclosed compound of the police lines, Azamgarh. The appellants have contended that the mosque is a public mosque and since its construction the Mus lims in general have been offering their prayers and performing their religious rites therein and the mosque is a waqf property and the Muslim public has a legal right to go to the mosque for performing their reli gious rites. The appellants further contend ed that the respondents have obstructed the Muslim public from entering the mosque and hence the suit in appeal.

(2.) IT was contended, inter alia, on behalf of the respondents that the mosque exists on Government land inside the com pound of the Police lines and it is exclu sively meant for the Muslim personnel residing in the police lines and the mosque is not a public mosque, that it was never built by the Muslim public nor it was meant for the use of the general Muslim public nor any permission was granted to the Mus lim public to enter in it and offer their prayers, that no Mutawalli was ever ap pointed nor possession of the mosque was ever delivered to any Mutawalli and that the mosque was not a dedicated property.

(3.) LEARNED counsel for the appel lants contended that since Friday prayers were held in the mosque in suit it must be held that it had ceased to be a private mos que and has acquired the character of a public mosque in which every Muslim had a right to go and perform his religious rites without any obstruction. It was contended that the very notion of Friday prayers, ac cording to the injunction of Sheriat implies that the mosque is a public mosque and no limitation can be imposed on the right of any Muslim to enter the mosque and dis charge his religious duties therein.