Law:

Section:

Dispute in this revision application relates to the management of a mosque known as Madina MasJid and its properties situated in L. Area, Korangi NoA Karachi. The mosque in question was constructed by Namazis and people of Mohallah in the year 1967-68 and was being managed by their representatives. Subsequently, the management formed itself into a body known as "Anjuman-e-Madina MasJid" and they got it registered under the Societies Act on 6-7-1968. A plot measuring 20425 sq. ft. situated in, Sector 35-D, D.PA./1937 was allotted to Madina Masjid by the letter of allotment dated 29th July, 1971 issued by the then Administrator, Landhi Korangi Municipal Committee. It appears that later on in the year 1983 the present applicants created a trust and got it registered on 13-&1983. This was the innovative method of taking over the mosque and its assets.

Haji Bundoo Khan, Abdul Shakoor and Muhammad Nadir Shah, the three respondents herein, filed a suit against the present applicants for seeking declaration, cancellation and injunction in the Court of XXIInd Senior Civil Judge, Karachi (Suit No.1875 of 1984) . One of the prayers contained in the plaint was "to declare the so-called trust of Madina Masjid as illegal, unlawful, unauthorised and without legal effect". The suit was contested by the present applicants and was ultimately dismissed on 19-4-1989 by the VIlth Civil Judge Karachi (East). The trial Judge was mainly impressed by the fact that the management of the mosque has been taken over by the trust and, therefore, suit did not merit consideration.