A suit under Section 92 CPC requires an established cause of action; claims based on lineage must be substantiated, otherwise, they are barred by limitation.

JUDGMENT :

1. The cause of action for filing the suit dates back to the year 1913. Masjid known as Jama Masjid Waqf/Jamia Mosque, Canal Road, Vijayawada is the subject-matter of the subject suit proceedings.

2. It is stated that one Md. Abdul Hakeem and another filed OS No.113 of 1913 before the Principal Sub-Judge, Bezwada, seeking following reliefs :

"The plaintiffs therefore pray that the defendants may be removed from the management of the mosque and cemetery that proper trustees preferably the plaintiffs may be appointed trustees thereof, that a scheme of management may be settled, that the defendants may be ordered to pay the costs of this suit and that such other relief or reliefs may be granted as to this Court may seem fit under the circumstances of the case."

3. The facts leading to the filing of the suit, culled out from the record are that way back in the 17th century, one Shah Musafir Sahib acquired properties at Vijayawada. He constructed a mosque on the part of it and endowed the remaining property for the benefit of the mosque. After two centuries, Mr. Abdul Hakim Sahib and others filed suit in 1913, in OS No.113 of 1913, before the Sub-Court, Bezwada, under Sections 92 and 93 of C.P.C., to frame a scheme for better administration of the mosque properties. And they sought for appointment as trustees. The Court framed the scheme vide proceedings dated 30.09.1915. The gist of the scheme is as follows :

(a) Mohammed Abdul Hakim shall be the first Trustee of the Mosque and its properties. He shall hold office for life and shall have the power.

(b) to appoint his successor.

(c) The succeeding Trustees shall also have the power to appoint their successors and the successors shall be among the descendents of the founder Mr. Shah Musafir Sahib.

(d) Where, if any Trustee dies or vacates the office without appointing his successor, the Court may appoint the Trustee from among the descendents of the founder, on the applications of three worshippers of Bezwada.

(e) If there is no person among the descendents qualified to fill the office, the Court may appoint a stranger.

(f) A Panchayat or Committee consisting of five respectable Mohammedan residents of Bezwada shall be constituted to supervise and control the management and administration of the trust by the Trustees. If the majority of the Committee feels that the nominee of the outgoing Trustee is not fit to hold office, they may pass a resolution in writing stating their objections to his nomination and may move the Sub-Court of Bezwada for his removal.

(g) The property of the trust shall vest in the Trustee and he shall administer the same in accordance with the principles of Mohammedan religion and the provisions of Mohammedan Law and the Religious Endowment Act.

(h) The Trustee or the members of the trust are liable to be removed or suspended by the Court, on proven acts of misconduct and neglect of duty;

4. The first trustee, Abdul Hakim, appointed under the scheme, continued till his life time. During his life time, he nominated his brother Abdul Rahim as his successor. During his tenure, on coming into force the Waqf Act, 1954, Abdul Rahim was appointed Chairman of the A.P. Waqf Board. Abdul Rahim nominated his son Abdul Gaffoor as his successor. Gafoor died on 19.08.1980 in a plane accident at Riyadh. He could not nominate his successor. His death caused vacancy to the office of the trustee of the mosque. Thereupon, one M.S. Khayyum and others filed an application in IA No.3517 of 1980 in OS No.113 of 1913 to appoint them as trustee and panchayatdars as per the scheme. In the said IA, Mir Shah Zahoor filed IA No.4431 of 1980 to implead him and also file