K.K.MATHEW
Kunhalavi Musaliar – Appellant
Versus
Abdulla – Respondent
1. This is an appeal from a decree in a suit fora declaration that the Musalmans of Alanellur are entitled to conduct'Juma' prayers in the Mosque scheduled to the plaint and to restrain the defendants from interfering with the plaintiffs in the exercise of the above right. The plaint allegations were that the plaint mosque was a Jumayath mosque, that the Muslims of Alanellur required this mosque for conducting juma prayers as it has the amenities of a Jumayath mosque, that it was used as a public mosque for conducting juma prayers also for the last 40 years, that the defendants had no particular right over the mosque in question, that there was another mosque called 'Mundath Mosque near the plaint mosque, that it was difficult to conduct Jumayath prayers in that mosque because of the increase in population, that the defendants' action in approaching the Executive 2nd Class Magistrate and obtaining an order restraining the plaintiffs from carrying on the juma prayers in the plaint mosque was unauthorised, that the plaintiffs had the right to conduct the juma prayers in the plaint mosque and that the order passed by the Magistrate restraining them from conducting juma pra
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