1. Defendants 5 and 8 in O.S. No. 80 of 1121 on the file of the Kottayam District Court have filed this revision petition against an order of the learned District Judge of that court disposing 2 issues of law arising in the case. The plaintiffs instituted that suit to establish a right of hereditary management of a mosque at Thazathangadi, Kottayam, in their Methar and Mossambi families, to remove the defendants who claim to be the elected kykars of the mosque from management, for recovery of the mosque properties and for rendition of accounts. Amongst other defences raised the defendants contended that the suit was not maintainable without the sanction contemplated by S.72 of the C.P.C., Travancore (S.92, C.P.C. Act V of 1908) and that the plaintiffs have not paid proper court fee on their plaint. On these contentions, the court raised issues numbered as (2) and (7) reading:

(2) Is the suit not maintainable without the sanction of the Government? (7) Has proper court fee been paid?

2. The learned judge held that the suit was maintainable without the sanction of the Government and that the court fee paid was sufficient. Feeling aggrieved by this decision defendants 5 and