KHAGUM KHAN Vs. MOHAMMAD ALI SAHIB

JUDGEMENT

(1.) These three appeals arise out of three connected suits O. S. Nos. 233, 151 and 231 of 1946 on the file of the court of the District Munsif, Cuddappah.

(2.) The suits relate to the disputes between the officer holders of the mosque called Ahle Hadiz mosque in Mandi Sydumiah Street, Cuddappah Town. This mosque was primarily intended to serve the nees of the members of the Ahle Hadiz sect resident in the said town. In course of time, the plaint schedule lands were endowed to the mosque. Muhammad Abdulla Saheb and Abdul Sattar have been the joint mutawallis of the mosque for about 45 years. Abdulla Saheb was the son and Abdul Sattar was the son-in-law of one Haji Shaick Mohideen Saheb.Abdulla Saheb died in the year 1939. After the death of Abdulla Saheb disputes arose between Muhammad Ali Saheb and his brother Abdul Sattar, each claiming to be the sole mutawalli. This dispute led to criminal proceedings before the Magistrates Court, Cuddappah. The court decided that Abdul Sattar was entitled to be in possession of the properties as mutawalli. Abdul Sattar died in 1942. Syed Shah Muhammad is his son. On 13.3.1944, there was an agreement between Muhammad Ali Saheb and Syed Shah Muhammad whereunder defendant 1 was to manage the mosque and its properties on behalf of the defendant 2 also.

(3.) Hakim Muhammad Isaq alias Mowlana was the peish Imam of mosque and he was functioning in that capacity for about 36 years. Mowlana had been starting religious controversies and propagating tenets and advocating usages quite against the accepted principles of the Ahle Hadiz sect. On 8/06/1946, there was a disturbance in the mosque and Mowlana, it is said, started a quarrel and uttered blasphemous expressions about the Prophet and also attacked a regular worshipper, one Abdul Shukur.Muhammad Ali Saheb issued a registered notice, dated 10.6.1946, to Mowlana prohibiting him from leading prayer from the date of the receipt of the notice as he rendered himself unfit to lead prayers after his unholy conduct. Subsequently, Muhammad Ali Saheb and Syed Shah Muhammad jointly issued another notice, dated 2.8.1946, prohibiting Mowlana from leading prayers in the said mosque but the same was refused by the defendant on 7.8.1946.In view of the disputes between the parties, the aforesaid three suits were filed.