Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | Public Religious Trust Representative Suit Res Judicata |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Dismissed |
Headnote | Public Religious Trust-Scheme -Suit to set aside scheme-Beneficiaries, not a particular sect of Muslim Community-Plea of res judicata-Character and nature of representative suit-Circumstances under which a scheme can be set aside-Code of Civil Procedure, 1908, (Act V of 1908), ss. 11 Exp. VI, 90, Or. 1. rr. 6, 8. The respondents filed a suit under 1. 92 of the Code of Civil Procedure, 1908 claiming to represent the Sunni Muslims population of Bangalore and praying that a scheme should be settled for the proper administration of the Jumma Masjid, Bangalore. The plot on which the Masjid was built was purchased about a century ago by a large number of Muslims consisting of several groups from all walks of life. The mosque was constructed from the funds given as gifts by a large number of Muslims. A grant of land made to the mosque shows that the mosque and its properties were intended for the benefit of the Muslim Community as a whole. For about 60 years the mosque and its properties were under the management of non Cutchi Memons and prior to this the management was not exclusively in the hands of Cutchi Memons but predominently in the hands of Dekkhani Muslims of the locality. In subsequent years on some occasions the management was predominently in the hands of the Cutchi Muslims but the Dekkhani Muslims in Bangalore numbered about 30,000 and the Cutchi Muslims never exceeded 300. Prior to the present suit a suit under'ยท 92 was filed in 1924 and a scheme was settled and Trustees were appointed and they had been in management ever since. In the said proceedings, the plaintiffs, both in the application made co the Collector for sanction under s. 92 Code of Civil Procedure and In the plaint, specifically averred that the Masjid in question was an institution belonging to the Cutchi Memon Community and they purported to represent the interests of that Community and no other there were some defendants in the suit who were non Cutchi Muslims but they were sued as trespassers and their only interest in defending the suit was to support their individual rights. In the suit out of which the present appeal has arisen the respondents claimed that the Masjid with its adjuncts belonged to the whole Muslim Community of Bangalore and not exclusively to the Cutchi Muslims. It was further claimed that the scheme framed under the earlier suit was the result of collusion and that the said decree did not bind the non-Cutchi Memons and that the present trustees were guilty of mismangement and breach of trust. The appellants contended that the Cutchi Memons were the exclusive beneficiaries and that the suit was barred by res judicata and denied the allegations of collusion, breach of trust and mismanagement. The trial court rejected the contentions of the respondents and upholding the plea of res judicata raised by the appellants dismissed the suit. Thereupon the respondents appealed to the High Court and the High Court while rejecting the pleas of collusion and breach of trust differed from the trial court on the question of res judicata. It found that the Mosque and its adjuncts belonged to the whole of the Muslim community and not exclusively to the Cutchi Memons. Therefore the High Court while agreeing with the trial court that a scheme should not be lightly disturbed found that a case had been made out for framing a new scheme and remanded the case to the trial court. The present appeal is by way of special leave. The first point raised in the appeal was that the suit was barred by res judicata on the ground that a suit under s.92 Code of Civil Procedure was a representative suit and the present respondents would be bound by it whether they were parties to it or not since they were interested in the Trust. It was further contended that since both the courts below had rejected the plea of mismanagement and breach of trust and since the High Court had found that the present trustees were managing the trust reasonably and in a responsible manner this Court should not lightly disturb the said findings. |
Judge | Honble Mr. Justice P.B. Gajendragadkar |
Neutral Citation | 1963 INSC 77 |
Petitioner | Ahmed Adam Sait & Others |
Respondent | Inayathullah Mekhri And Others |
SCR | [1964] 2 S.C.R. 647 |
Judgement Date | 1963-03-29 |
Case Number | 308 |
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