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1989 Supreme(Ker) 196

SHAMSUDDIN
Abdul Khader – Appellant
Versus
Mohammed Ali – Respondent


Judgment :-

1. The defendants in O.S.No.26 of 1984 on the file of the Munsiff's Court of Alathur are the appellants in this Second Appeal.

2. The respondents herein filed the above suit for a declaration that the plaintiffs have the right of burial in the plaint schedule property and for issue of a perpecutal injunction restraining the defendants from interfering with their right of burial in the plaint schedule property and also with their right to offer Janaza prayer in the mosque therein.

3. It is the plaintiffs' case that the plaint schedule property was purchased for the Jamaath of Muslims of Mangalam Dam as per Ext.A1 document and subsequent to this transaction, the plaint schedule property was utilised as the burial ground of Sunni Muslims of Vandazhi Village, Mangalam Dam desom. A mosque was also constructed in the plaint schedule property for the purpose of performance of Janaza prayers. It was also, alleged that Sunni Muslims of Mangalam Dam have got a right to use the plaint schedule property as burial ground and to offer Janaza prayers in the mosque in the plaint schedule property. The plaintiffs were members of Mangalam Dam Sunnath Juma mosque. Since some of the members




















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