Venkataramana Rao, J.

1. This is an appeal from the judgment and decree of the learned City Civil Judge restraining the defendant by a perpetual injunction from interfering with the plaintiffs right of management, control and possession of the mosque, Masjiday Mahmood Jamait, situate in Pudupet, Madras. The facts relating to the suit out of which this appeal arises may be briefly stated. The said mosque was founded aboul-85 years ago. It is the plaintiffs case that it was built out of public subscriptions collected from the residents of Pudupet and was primarily intended for the benefit of the residents of the said locality. The defendants case is that it was built by one Gulam Mohammad, but there is no reliable evidence in support thereof except some evidence of tradition. But it is immaterial who founded it because the evidence establishes that it was the Mohammadan residents of the locality who were taking interest in the said mosque and contributing to its upkeep. There is no deed of foundation prescribing any rules for the management of the affairs of the mosque or for the appointment of a muthavalli or any servant of the mosque. From a document of 1863 (Ex. VII), it is