Noor Mahammad Saib and Others vs Karima Bibi Ammal and Others

The lower Courts seem to have rightly held that a suit for possession of the mosque properties could not be maintained by the worshippers in their individual or collective capacity, as that principle of law seems to be derivable from the observations in Strinivasa Ayyangar v. Strinivasa Swami 16 M. 31, Kamaraju v. Asanali Sheriff 23 M. 99 and Dasondhay v. Muhammad Abu Nasar 11 Ind. Cas. 36 : 33 A. 660 : 8 A.L.J. 710. The plaintiffs have not established that by Muhammadan Law the worshippers as a body can be collective mutawallis of the plaint mosque and we are further unable to hold that the suit is brought by the plaintiffs in this case as trustees and not as merely belonging to and representing the community of worshippers.

We dismiss this second appeal with costs.