The Mutawalli's role is managerial and does not grant the authority to file suit on behalf of a mosque, which can only be done by the Waqf Board.

JUDGMENT :

D. DASH, J.

1. The Appellants, by filing this Appeal under Section 100 of the Code of Civil Procedure, 1908 (for short ‘the Code’), have assailed the judgment and decree dated 19.03.1994 & 02.04.1994 respectively passed by the learned Additional District Judge, Jajpur, By the same, the Appeal filed by the present Respondent No.1, being the unsuccessful Plaintiff in T.S. No.137 of 1990 of the Court of the learned Subordinate Judge, Jajpur under section 96 of the Code has been allowed in part. The suit filed by the Respondent No.1, as the Plaintiff, having been dismissed of the Trial Court, the same has been decreed in part and thereby the Appellants (Defendants) have been injuncted from interfering in the management of the Mosque by Saifuz Zaman Khan, the Marfatdar/Mutawalli of the Respondent No.1 (Plaintiff) and causing damage to the Mosque or its properties existing within the Mosque premises while further directing them to pay a sum of Rs.1277/- towards the sale proceeds of the trees, which were standing in the Mosque premises and removed.

2. For the sake of convenience, in order to avoid confusion and bring in clarity, the parties hereinafter have been referred to, as they have been arraigned in the Trial Court.

3. Plaintiff’s Case:-

The parties are Muslims of Sunni sect and as such, they are governed by the Hanafi School of Mohammedan Law. The Tahetul Masjid located in Village-Adhanga-Purusottampur in the District of Jajpur is a Sunni Mosque and as such, also governed to the tenets of Mohammedan Law. Saheb Zama Khan, the great grandfather of the Plaintiff erected the Mosque by purchasing the property described in Schedule-A plaint prior to 1905. Since then, it became a Public Mosque meant for offering prayers by the Muslims of Hanafi Suni Sect in general. Before making any waqf of his properties for the upkeep and management of the Mosque, Saheb Zama Khan expired soonafter the construction. He had, however, expressed his desire during his life time that he would execute a deed of Waqfal-ul-Aulad in respect of all his properties for maintenance of his adopted-cum- foster son, namely, Niazuddin Khan and his successors and heirs and also a portion of the income of the said Waqfal-ul-Aulad properties for being utilized towards the maintenance and management of the Mosque. It was also expressed that Niazuidin Khan, his heirs and successors, who would be competent to perform the works of the Mosque would be Mutawalli from generation to generation as heritable. After the death of the founder, his mother, namely, Asraf Bibi and his brothers and sisters, his widow Orfan Bibi executed as per his desire a registered deed of Waqfal-ul-Aulad on 12.07.1906 providing therein that out of total income of the Waqfal-ul-Aulad, six annas share would be spent for the maintenance and management of the Mosque by the Mutawalli and the rest ten annas would be spent for the maintenance of Niazuddin Khan and his heirs and successors for all times to come. After execution of the deed, Orfan Bibi, the widow of Saheb Zama Khan was appointed as first Mutawalli in respect of the properties to manage the affairs of the Mosque and she continued till her death in the year 1936. Niazuddin Khan, who was to succeed Orfan Bibi, died during her life time in the year 1922 leaving behind a daughter, namely, Umal Momenat, the mother of the Plaintiff. Therefore, after Orfan Bibi, said Umal Momenat became Mutawalli and her husband Gulam Asghar Khan was looking after the affairs of the Mosque, being her agent and deputy. After the death of Umal Momenat, t