JAIN, J.—These are defendants appeals against the order dt. 14.11.91 passed by the learned District Judge, Udaipur whereby he has allowed the plaintiffs application dt. 20.5.85 for grant of temporary injunction under 0.39 Rule 1 and 2 read with Sec. 151 CPC and 0.41 R.l CPC for appointment of Receiver in a suit for declaration, possession and injunction.

(2) The relevant history which is necessary to understand the controversy is that the parties belong to Dawoodi Bohra Community of Shia sect. The appellants are progressive Jamat. The parties to the suit are Shia Muslims in contract to Shunni Muslims. Shia are those Muslims who after the death of prophet Mohammed Saheb attached themselves with Ali, the son-in-law of the prophet, considering him to be the successor of the prophet Mohammed Saheb both in religious and spiritual matters, whereas Sunni Muslims believes that Abu Baker, the father-in-law of the prophet is the successor of the prophet Mohammed Saheb. Further Shia Muslims are divided into two sects known as Ismilia and Ishna Asharia. Dawoodi Bohras belongs to Ismilia. These sects are governed by their own law. The parties to the suit are Dawoodi Bohras and according to the plaintiff their spiritual and religious leader is the present plaintiff His Holiness Dr. Syedna Mohammed Barharuddin Saheb, who is 52nd Dai-ul-Mutlaq of the Dawoodi Bohra Community. This community is from Shia sect holding common belief that the prophet Mohammed Saheb is the only one and only God. He (prophet) reveals Holi Book Qurran and Ali the son-in-law succeeded him. In the line of Imam each of whom in turn was appointed by his immediate predecessor. Dawoodi Bohra Ismilia sect of Shia and Dai is known as Dai-ul-Mutlaq and Dai is governed by God. Dai though appointed and nominated by Imam have all powers of Imam in religious and spiritual sense. All the members of Dawoodi Bohras have to administer on oath of allegiance to Dai-ul-Mutlaq. Dai-ul-Mutlaq is not only a spiritual or religious head in name but in real sense. He is the sole trustee of the property of the Dawoodi Bohra having sole right of control and management over community and its property. Dai-ul-Mutlaq is also known as Mullaji.

(3) The plaintiffs filed a suit on 11/12.2.85, in the court of learned District Judge, Udaipur for declaration, possession and permanent injunction with the allegation that the following four suit disputed mosques along with other properties at Udaipur; (1) Moiyatpura Mosque, Bohrawadi, Udaipur, (ii) Vazirpura Mosque, Bohrawadi, Udaipur (iii) Rasoolpura Mosque, Gulabwadi, Udaipur and (iv) Khanpura, Chhoti Bohrawadi, Udaipur are the properties of the community. The plaintiff also moved application before the City Magistrate for repairs. They also filed application for temporary injunction and for appointment of receiver alongwith the suit. An exparte order was passed against the appellant to the effect that the appellant should not carry out repairs and status quo be maintained. This order was also communicated to the District Magistrate and Superintendent of Police of the area. The plaintiffs case is that in Udaipur Dai-ul-Mutlaq appointed Amil from time to time who has the authority from Dai-ul-Mutlaq to lead Imamat and Jamat Namaz and also gave permission to lead Imamat prayers and other religious functions, and ceremonies in the mosque and to manage and administer the same for and on behalf of the Dai-ul-Mutlaq or in other words it can be said that the permission or authority or Razza from Dai to pray or special prayers and ceremony etc. are to be done by such nominated person. The four mosques in dispute are managed and maintained by the representative or the nominated persons of Dai. The plaintiffs case further is that in the year 1973 a section of Dawoodi Bohras including the defendants rebelled against the spiritual and religious authority of Dai-ul-Mutlaq and they have formed Bohra Youth Association and later on they formed their separate organisation D

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