Chennai Court May 1927 Judgments

Jana Muhammad Suleman and ors. Vs. Kadirsa Levvai and anr.

Court: Chennai

Reported in: AIR1927Mad1070; 106Ind.Cas.523

Devadoss, J.1. This is an application under Section 115 of the Civil Procedure Code to revise an order of the District Judge of Stanmore East granting a temporary injunction in a suit pending before the District Munsif of Tiruturaipundi. The question relates to the office of Imam in a mosque. The plaintiffs claim to be the Imams of the mosque and the right to officiate in all religious ceremonies in the houses of the Muhammadans of the locality. The defendants' case is that they are the Peish Imams and they have got the right to officiate in the mosque and also at the religious ceremonies in the houses of the Muhammadans. With regard to the office of Imam, it is a well-recognised office and when there is a dispute about it, it is open to the Court to issue a temporary in-j unction in the interests of the people as well as of the disputants, and in order to avoid breach of any peace. But the injunction that has been issued is too wide in its terms. Even granting that the plaintiffs have...