The plaintiff brought a suit for a declaration that he was the Mutawali of IMAMBARA at Zadibal and for an injunction restraining the defendants from interfering with the exercise by the plaintiff of the duties as a Mutawali. The defendant resisted the claim on the ground amongst others that the suit was incompetent as the plaintiff being able to seek further relief had failed to do so. The trial court of City Judge Srinagar upheld the objection and dismissed the suit. On appeal, however, the learned District Judge of Srinagar held that the plaintiff, along with all other Muslims, must be considered to be in constructive possession of the IMAMBARA. He accordingly vacated the order of the trial court and remanded the case with the direction that, after giving the parties further opportunity to adduce evidence, the case be decided on merits. The defendant has now come up in appeal to this court.

It has been urged by the learned counsel for the appellant that the lower appellate court was not right in holding that the plaintiff was in possession of the Imambara at the time of the institution of the suit. He submits that in his statement dated the 28th of Sawan 1993 the plaintiff had cle

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