LAWS(PVC)-1912-7-110

RAHIM BUKSH MOLLA Vs. HAZI AHMAD

Decided On July 12, 1912
RAHIM BUKSH MOLLA Appellant
V/S
HAZI AHMAD Respondents

JUDGEMENT

(1.) This is an appeal against the judgment and decree of the District. Judge of Dacca, dated the 2nd of January 1909.

(2.) The present suit was instituted by the plaintiffs, who are seven in number, against Rahim Bux Molla (defendant No. 1) and Abdulla, his son (defendant No. 2), under Section 539 of the old Civil Procedure Code, for the removal of Rahim Bux Molla from the mutwalb ship of the mosque situated at Begum-bazar in the town of Dacca on the ground that he had otherwise mismanaged the trust properties, and that he was blind and infirm and was under the influence of his son (defendant No. 2), who was a man of bad character. It was further alleged that the defendant No. 1 and before him his father were members of the sect known as Rafa- yadain. The defendant No. 1 has now openly declared himself a Hanafite, and he has done this in consequence of certain resolutions passed at a meeting to remove him from the mutwalliship on the ground of his son s gross misconduct within the precincts of the mosque. This seems to have led to proceedings in the Criminal Courts by which the present defendants and some other Hanafites were bound down to keep the peace and prohibited from interfering with the Rafayadains in their use of the mosque. On the above allegations, the present suit was brought.

(3.) The defendants deny the allegations generally and allege that the defendant No. 1 was appointed a mutwalli by his father during the tatter s life-time and that his son defendant No. 2 has been helping him in the management of the trust.