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 25 October, 1934, which reversed the judgment and decree of the Court of the Additional Subordinate Judge, Burhanpur, dated 2 January, 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, situated 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 respondent's 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.) The property consists of an enclosed area of land in which are situated the mausolea of three saints, two mosques, two jamatkhanas (dining hall), a dewankhana (congregation hall), and rest - houses erected by or with funds subscribed by, or with offerings to the three saints made by, members of the said community and dedicated to God for the use of their devotees who are members of the said community. Within the area there are also plots of land used as burial grounds, dedicated to God for the same use.