HASANALI Vs. MANSOORALI

JUDGEMENT

(1.) THIS is an appeal by special leave from the judgment and decree of the Court of the Judicial Commissioner, Central Provinces and Berar, Nagpur, dated October 25, 1984, which reversed the judgment and decree of the Court of the Additional Subordinate Judge, Burhanpur, dated January 2,1931.

(2.) THE question for determination is one which concerns the right to the use of certain waqf property belonging to members of a Moslem community in India, known as Daudi Bohras, situate in the village of Shadra, near the town of Burhanpur in the Central Provinces, and, in particular, the question as to the right of the present respondents Nos. 1, 2 and 3 to interfere with the access to and use of such property. A further question as to whether the appellants are entitled to sue in a representative capacity must also be considered.

(3.) IN common with all members of the Shia sect, Daudi Bohras believe that Ali, the son-in-law of Mohammad, was succeeded by a line of Imams each of whom in turn was appointed by Nas-e-Jali by his immediate predecessor.