Wadsworth, J.

1. This appeal arises out of a suit brought by respondent 1 for an injunction restraining the defendants (appellants) from interfering with him in performing his services as peish imam in the Masjiday Mohmood, Pudupet, Madras. He also prayed for damages. The suit was docreed and the defendants appeal. We are this day passing judgment in a connected appeal (C.C.C. A. No. 36 of 1935) from a suit brought by the present defendants against the present plaintiff for an injunction restraining him from interfering with the defendants management of the same mosque and from collecting subscriptions in the guise of mutwalli of that mosque. It is alleged that the Pudupet mosque was founded by one Ghulam Mohammad in 1849 and has been financed from its inception by public subscriptions. It was founded to serve the needs of the Mahomedans living in the neighbourhood of Pudupet. The first mutwalli was the maternal grandfather of the plaintiff. The plaintiff bases his title to the offices of both of mutwalli and peish imam on what is called a towliatnama (EX. 1) of the year 1887 in which the plaintiffs grandfather purports to assign to the plaintiff the offices of mutwalli and