Appellants are defendants in a suit for injunction filed by the respondents in this appeal. Appellant No.1 is a Mosque and appellant Nos. 2 and 3 are its President and Secretary. Respondents land 2 are husband and wife and the 3rd respondent is the father of the second respondent and power of attorney holder of respondents 1 and 2.

2. The three questions of law formulated and on which notice has been ordered in the appeal are the following:

"(i) From the facts of this case, is not the suit bad for non joinder of the state as a party in the suit?

(ii) In the absence of a claim for easement, can a plaintiff sue for the relief of injunction without alleging at least possession over the property with respect to which plaintiff prays for injunction against the defendants?

(Hi) In a case of dispute regarding existence of a way and the use of the same by the plaintiff, can a finding be entered discarding the oral evidence in the case?

3. The brief facts necessary for deciding the questions of law formulated in the appeal are: plaint A schedule property, 121/2 cents in extent, admittedly belongs to plaintiffs 1 and 2 and it is in the possession and management of the 3rd plaintiff. P