KHAJA HASSANULLA KHAN, SAJJA-DA-NISHIN OF ROYAL MOSQUE Vs. ROYAL MOSQUE TRUST BOARD BY ITS PRESIDENT, KHAN BAHADUR ABDUL AZIZ SAHIB

JUDGEMENT

(1.) The plaintiff is the appellant in this appeal which relates to a mosque known as the "Royal Mosque" in Rajahmundry. In respect of the mosque a scheme was framed under Section 92 of the Civil P. C. and decreed in 1930 by the learned Subordinate Judge's Court in O.S. No. 46 of 1924, and the decree was upheld on appeal. The scheme vested the properties of the Royal Mosque and the control and administration of its affairs in a Board of trustees. The appellant was not a party to the scheme suit.

(2.) When the trustees sought to obtain possession of the mosque, in pursuance of the scheme decree, they were obstructed by one Sheikh Mowla and his tenant, a man named Hanumantha Rao, who claimed the right to occupy one room. The trustees instituted O.S. No, 23 of 1940 in the same Court against Hanumantha Rao for possession of the room and, ultimately, on appeal to this Court, possession was decreed. When the trustees applied for possession, they were obstructed by the present appellant. In E.A. No. 256 of 1943 for removal of the obstruction itwas held that the appellant was a stranger to the mosque and the removal of the obstruction was ordered. The appellant then instituted the suit out of which this appeal arises. It was dismissed by the learned District Judge of East Godavari at Rajahmundry, and this is the plaintiff's appeal against the learned Judge's decision.

(3.) The appellant sued to set aside the order for removal of his obstruction, for a declaration of rights of permanent control, superintendence and governance over the affairs of the mosque and for possession of its properties.