1. - This is an appeal by the plaintiffs against the order of the District Judge, Udaipur, dated 31-10-1983, whereby the plaintiffs' application for grant of temporary injunction was rejected.

2. The parties to the suit are Dawoodi Bohras and there is a large settlement of Dawoodi Bohras in Udaipur. The spiritual leader and religious bead of the Dawondi Bohra Community, which is a religious denomination, is the 52nd Dai-ul-Mutlaq His Holiness Dr. Syedna Mohammed Burhanuddin Saheb. The Dawondi Bohra community consists of Muslims of Shia Sect holding in common with all members of that sect, the one belief that there is one God; that Mohammad is His Prophet to whom He revealed the Holy Book (Koran); that Ali, the son-in-law of Mohammed was the Wasi (Executor) of the latter and that Ali succeeded Mohammad by Nas-e-Jali. In common with all members of the Shia Sect, Dawoodi Bohras believe that All, the son-in-law of Muhammad was succeeded by the line of Imams, each of whom in turn was appointed by Nas-e-Jali by his immediate predecessor. At a later date, he Shia Section itself came to be divided into two sects known respectively as Ismailia and Ishna Asharia. Dawoodi Bohras belong to the former sect. and in common with all other members of the Ismailia Section believe that owing to persecution. Imam Tayab (the 21st Imam) went into seclusion and that an Imam from his line will appear, it being their belief that an Imam always exists (though at rimes he may be invisible to his believers while in seclusion); that owing to the impending seclusion of the twenty-first Imam. his predecessor the twentieth Imam, directed his Hujjat (a dignitary ranking next to an Imam) one Hurra-tul-Maleka to appoint a Dar (Missionary). a Mazoon (a dignitary ranking next to a Dai)and Mukasir (a dignatary ranking next to a Mazoon) to carry on the Dawat of the Imam so long as the Imam who remains in seclusion, and to take and receive from the faithful an oath of allegiance. The Dais are known as Dai-ul-Mutlaq'. Thus, the Dai is the representative of the Imam and conveyed God's message to His people. The powers of the Dai are approximated to those of the Imam. When the Imam comes out of seclusion, the powers of the Dai would cease. The chain of inter-cession with the Almighty is as follows :The Dai-imam-Holy Prophet-Allah. It is further alleged that one, who is initiated into the fold of the community has to give an oath of allegiance known as 'Mishaq' to the Dai-ul.Mutlaq for the time being. The Dai-ul- Mutlaq is not merely a spiritual Leader and religious head of the said denomination, but is the sole trustee of the property of the Dawoodi Bohra Community and the sole right of management and general control thereof is vested in the Dai-ul-Mutlaq.

3. Amongst the properties of the community, there are following four Masjids/Mosques, -

(1) Moiyatpura Masjid situated at Moiyatpura Bohrawadi, Udaipur;

(2) Vajihpura Masjid situated at Vahihpura, Bohrawadi, Udaipur;

(3) Rasoolpura Masjid situated at Rasoolpura (Gulabwadi) Udaipur; and

(4) Khanpura Masjid situated at Khanpura (Gulab Bag), Udaipur.

4. The plaintiffs' case further is that in Udaipur the Dai-ul-Mutlaq had from time to time appointed Amils, who have the authority and permission from the Dai-ul-Matlaq for the time being to lead Imamat or, Jamaat Namaz and also to give permission to fit and proper person to lead Imarnat or Jaznaat Namaj and for holding other religious functions and ceremonies in the Masjids and to manage and administer the same for and on behalf' of the Dai-ul-Mutlaq for the time being.

5. The plaintiffs' case further is that sometime in February 1973, a section of the Dawoodi Bohras at Udaipur, including the defendants, challenged and/or rebelled against the spiritual and/or religious authority of the Dai-ul-Mutlaq styling themselves as Bohra Youth Association, and, subsequently they have formed their own separate organisation known as Dawoodi Bohra Jamaat of Udaipur. The members of the