1. Who are the appellants?

The plaintiff (Puthiyapura Sheik Koya Thangal) in the suit O.S. No. 4 of 1989 on the file of the Subordinate Judges' Court, Lakshadweep at Kavaratti Island filed this intra-court appeal under Sec. 5 of the Kerala High Court Act, 1958. Pending this appeal, the said appellant/original plaintiff died on 27-1-2003. Thereupon Puthiyapura Syed Mohammed Jalaluddin Thangal filed I.A. No. 1750/2003 for substituting his name in the place of the original appellant and the same was allowed on 11-8-2005. Subsequently, one Kunhi Seethi Koya claiming himself to be the Karanavan of the second tavazhi of Puthiyapura tarwad filed I.A. No. 2922/03 to implead him as the second appellant. The said application was allowed on 24-01-2012 without prejudice to the contentions of the first respondent.

NATURE OF THE SUIT

one:-

2. The aforementioned suit instituted on 3-5-1989 was

(i) For a declaration that the plaintiff namely, Puthiyapura Sheik Koya Thangal has been, and is, the Muthawalli of the plaint schedule mosque known as Mohiyudheen Palli and its properties comprised in Sy. No. 117/11 of Androth Island, that the said mosque and its properties belong to the Puthiyapura tarwad of the plaintiff, that the office of the Muthawalli and Sheik of the said mosque vests in the said tarwad on hereditary rights;

(ii) For a perpetual injunction restraining the defendants from causing obstruction to or interfering in any manner in the holding and continuing the office of the Muthawalli and Sheik of the plaint schedule mosque and its properties by the plaintiff and the succeeding Karanavans;

(iii) For a mandatory injunction directing the third defendant namely, the Lakshadweep Wakf Board to make the requisite entries in the Wakf Register showing the plaint schedule Mosque and its properties as belonging to the plaintiff's tarwad and the plaintiff as its Muthawalli and Sheik and the said office as hereditary in nature vested in the Puthiyapura tarwad of the plaintiff; and

(iv) For a direction to defendants 1 and 2 namely, the Union of India and the Administrator, Union Territory of Lakshadweep to give requisite police aid to the plaintiff for continuing in his office of the Muthawalli and Sheik of the Mohiyudheen Mosque without any illegal obstruction and interference caused by any other islander.

THE PLAINTIFF'S CASE

3. The case of the plaintiff can be summarised as follows: The plaint schedule property comprised in Sy. No. 117/11 of Androth Island belongs in ancient jenm right to the tarwad of the plaintiff called "Puthiyapura tarwad". The former Karanavan and the Manager of the Plaintiff tarwad constructed a mosque therein by name "Mohiyudheen Palli". Ever since the construction of the mosque, religious festivals and ceremonies like Ratheeb, Moulood, Kuthubiyath, Khattam etc. used to be conducted by the Karanavan of the tarwad. It was decided that the succeeding karanavans and managers of the tarwad should duly hold the office of Muthawalli and Sheik of the Mosque and its properties. That was the practice followed in all the islands of Lakshadweep. One Sri. Syed Sheikoya Thangal was the last karanavan and manager of the plaintiff's tarwad., He used to be mostly away in Ceylon in connection with his function and duties as a priest. Therefore, even during his life time, under his instructions and authorisation the plaintiff was acting, conducting, functioning and exercising the rights and discharging the duties of the karanavan and manager of the tarwad. The plaintiff was in that capacity functioning as the Muthawalli and Sheik of Mohiyudheen Palli. Sri. Syed Sheikoya Thangal died about 15 years back and on his death, the plaintiff became the karanavan and manager of Puthiyapura tarwad and ex-officio the Muthawalli and Sheik of the mosque. A portion of the plaint schedule property is used as a cemetery. It is only after getting the permission of the plaintiff that dead bodies used to be buried in the said cemetery. It wa