( 1 ) SINCE common question of fact and law are involved in the appeal as well as the revisions, they are heard together and common judgment is being rendered in all the matters.

( 2 ) THE appellants in AS. No. 480/76 are the petitioners in CRP Nos. 642 and 643 of 1997. For the sake of convenience, they are referred to as the tenant . The respondent in the appeal and the CRP Nos. 642 and 643 of 1997 is Jumma Masjid. Vijayawada, which is referred to as the Mosque for the sake of convenience. There are rival contenders for the office of the Trustee/mutawalli in respect of the said Mosque. They are arrayed in the proceedings in various capacities. To avoid confusion, they are referred to by their names.

( 3 ) THE facts which gave rise to the proceedings under adjudication are as under : way back in the 17th century, one Shah musafir Sahib, acquired extensive properties at Vijayawada and constructed a Mosque on the part of it and endowed the remaining property for the benefit of the Mosque. Its affairs went on smoothly for about two centuries.

( 4 ) FEELING that the administration of the mosque and its properties should be regulated in accordance with a Scheme, one Mr. Abdul Hakim S

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