AHMED ADAM SAIT & OTHERS versus INAYATHULLAH MEKHRI AND OTHERS

AHMED ADAM SAIT & OTHERS versus INAYATHULLAH MEKHRI AND OTHERS

The mosque and its properties constitute a public religious trust for the benefit of all Sunni Muslims of Bangalore, not exclusively for Cutchi Memons; the earlier scheme decree did not operate as res judicata against non-Cutchi Memons as their interests were not represented; scheme must be revised to acknowledge the true beneficiary community.

Parties
Appellants: Ahmed Adam Sait and others; Respondents: Inayathullah Mekhri and others
Jurisdiction
India
Judgment Date
29 March 1963
Procedural Posture
Civil Appeal / Appeal by Special Leave From Judgment and Decree of Mysore High Court
Outcome
Appeal dismissed with modifications to scheme
Legal Topics
Scheme for Administration of Religious Trust, Res Judicata, Representative Suit, Modification of Scheme
Religious Trusts Civil Procedure Scheme for Administration of Religious Trust Res Judicata Representative Suit Modification of Scheme

Case Brief

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Parties

Ahmed Adam Sait and others

Appellants

Inayathullah Mekhri and others

Respondents

Procedural Posture

Civil Appeal / Appeal by Special Leave From Judgment and Decree of Mysore High Court

Legal Issues

  1. 1 Whether the mosque and its properties belong exclusively to the Cutchi Memons or to all Sunni Muslims of Bangalore
  2. 2 Whether the 1927 scheme decree operates as res judicata against non-Cutchi Memons
  3. 3 Circumstances under which a trust scheme can be altered or set aside

Ratio Decidendi

The mosque and its properties constitute a public religious trust for the benefit of all Sunni Muslims of Bangalore, not exclusively for Cutchi Memons; the earlier scheme decree did not operate as res judicata against non-Cutchi Memons as their interests were not represented; scheme must be revised to acknowledge the true beneficiary community.

Court Disposition

Appeal dismissed with modifications to scheme

Orders

  • Scheme of 1927 left intact with specified modifications to clauses (iv), (v), (xxiv), (xxv)
  • District Judge, Bangalore to nominate five trustees from all male adult Sunni Muslim worshippers of the mosque