GHAUSIA MEMORIAL TRUST Vs. ALFLAH GOUSIA MUSLIM TRUST

JUDGEMENT

(1.) A Suit for permanent prohibitory injunction restraining the petitioners-defendants from interfering in the management, administration and other matters of Ghausia Jamia Masjid Bathendi Morh, Jammu and the landed property measuring 5 kanals 5 marlas comprised in Khasra No. 331 min situated at Village Channi Rama, Jammu was filed by Alflah Gousia Muslim Trust, inter alia, pleading that the Trust had been constituted by ten persons namely Abdul Aziz Bhatt, Mushtaq Hussain Baji, Mohd. Bashir, Abdul Rashid Mir, Sadiq Hussain, Abdul Majid, Mohd. Aziz, Haji Shoket Ali, Haji Munshi and Mohd. Ashraf for, amongst others, better administration of Ghausia Jamia Masjid Bathendi Morh. It was indicated in the plaint that one of the petitioners namely Ghulam Rasool had been mismanaging and misusing the funds/donations/income of the said Masjid Sharief in connivance with other petitioners-defendants for last so many years. The petitioners contested the respondents' Suit denying the allegations of mismanagement of the affairs of Ghausia Jamia Masjid Bathendi Morh which according to Ghulam Rasool was being administered and managed by him as its President. According to the defendants, the plaintiffs had constituted a self styled Trust to achieve their nefarious design of usurping the property of the Masjid Sharief which was stated by the defendants to have been constructed on the land donated by Ghulam Rasool's father. According to the defendants, Ghulam Rasool was managing the affairs of the Masjid Sharief smoothly with the help of other office bearers. It was further indicated by the defendants in their Written Statement that the plaintiffs had filed the Suit against the defendants when the latter had not obliged them to part with the possession of the land in possession of the Masjid where they wanted to raise construction of some Shops.

(2.) An ex-parte ad-interim injunction was issued by the trial Court of learned City Judge, Jammu on February 19, 2009 whereby the petitioners-defendants were temporarily restrained from causing any sort of interference in the management, administration and other matters of Ghausia Jamia Masjid Bathendi Morh and from interfering with the landed property measuring 5 kanals 5 marlas comprised in Khasra No. 331 min situated at Village Channi Rama, Jammu under the possession and use of Ghausia Jamia Masjid Bathendi Morh, Jammu. The defendants were further restrained from collecting any donation in the name of Ghausia Jamia Masjid Bathendi Morh. This ex-parte order, on contest by the petitioners was made absolute vide trial Court's order of May 26, 2009. Petitioners' Appeal against the Order before learned Principal District Judge, Jammu having failed, they have invoked the Revisional Jurisdiction of the Court seeking setting aside of the orders of the trial Court and the Ist Appellate Court.

(3.) I have heard and considered the submissions of learned Counsel for the parties, gone through their pleadings, copies whereof have been placed on records and the orders passed by the Courts below. The trial Court had come to the conclusion that as the operation of the two Trust Deeds, one relied upon by the plaintiffs and the other by the petitioners defendants, was in different fields and the subject matter of the Suit was covered by the Trust Deed relied upon by the plaintiffs, so there was a prima facie case in favour of the plaintiffs justifying issuance of the injunction.