Judgment

GAJENDRAGADKAR J. :This appeal by special leave arises out of a suit instituted by the respondents in the Court of the District Judge, Bangalore, under S. 92 of the Code of Civil Procedure (O. S. No. 2 of 1947). The respondents claimed to represent the Sunni Muslim population of the Civil and Military Station at Bangalore, and as such they prayed in their plaint that a scheme should be settled for the proper administration of the Jumma Masjid which is situated on Old Poor House Road, C. and M. Station, Bangalore. Their case was that the Masjid in question along with its adjuncts such as Idgah, Makkhan, Madrassa, Kutubkhana and Musafarkhana as well as large movable and immovable properties, constitute a Trust created for public purposes of a religious nature coupled with Charity, and that the Dakkhani Muslims as well as the Cutchi Memons residing in Bangalore are the beneficiaries of the Trust and have an abiding interest in its proper management, control and direction.

2. It appears that a similar suit had been filed in 1924 (O. S. No. 32 of 1924) in the same Court and in that suit a scheme had been framed in 1927. Pursuant to the said scheme, Trustees were appointed and the