B.P. Singh, J. - (1.) I.A.Nos. 3-4 for deleting the names of some of the appellants are allowed.
(2.) In these appeals by Special Leave the order of the High Court of Rajasthan at Jodhpur dated 21.12.1995 has been impugned whereby two paragraphs in the written statement filed on behalf of the defendant Nos. 1 to 6, 9 to 20 and 24 to 30 have been struck out. The appellants, aggrieved by the order, have come up in appeal by special leave. We have been taken through the plaint as well as the written statement filed in the suit. The plaintiff claims to be the religious head and spiritual leader of Dawoodi Bohra Community and is described as Dai-ul-Mutlaq being the 52nd incumbent of the said office. In the suit the reliefs claimed are a to e which are as follows : "(a) that it may be declared the plaintiffs at all material times has been and is in possession and management of : (i) Moiyadpura or Moiyatpura Masjid situated at Moiyatpura, Bohrawadi, Udaipur. (ii) Vajihpura Masjid situated at Vajihpura, Bohrawadi, Udaipur. (iii) Rasoolpura Masjid situated at Rasoolpura (Gulabwadi), Udaipur. (iv) Khanpura Masjid situated at Khanpura, Chhoti Bohrawadi, Udaipur. (b) that the defendants by themselves or by their servants and agents and/or any person claiming under or through them and/or any person styling himself as Bohra Youth Association or any member thereof or owing allegiance to the so called Dawoodi Bohra Jamaat of Udaipur or any member thereof be restrained by a permanent order and injunction of this Honble Court from interfering and/or disturbing in any mariner the management of the said Four Masjids by the Dai-ul-Mutlaq for the time being through his Amils or nominees; (c) in the alternative two prayers (a) and (b) hereinabove this Honble Court may be pleased to order the defendants and all whom they represent to deliver to the plaintiff the peaceful and vacant possession of the four Masjids Mosques described in prayer (a) hereinabove. (d) that the defendants by themselves and by their servants and agents or any person claiming under or through them and/or any person styling himself as Bohra Youth Association or owing allegiance to the so called. Dawoodi Bohra Jamaat, Udaipur, or any member thereof be restrained by a permanent order and injunction of this Honble Court from preventing any Dawoodi Bohra owing allegiance to their spiritual leader and religious head. Dai-ul-Mutlaq for the time being entering in Masjids or mosques and/or offering or holding any Imaamat/Jamaat Namaaz led by the Pesh Imam appointed or nominated or under the authority and/or permission and/or auspices of the Dai-ul-Mutlaq for the time being and/or from attending or participating in Vaiz, majlis and any other religious functions, ceremonies or gatherings being held or conducted with the authority and/or permission of and/or under the auspices of the Dai-ul-Mutlaq for the time being; (e) that the defendants themselves and by their servants and agents or any person claiming under or through them and/or person styling himself as the "Bohra Youth Association" or owing allegiance to the so-called "Dawoodi Bohra Jamaat, Udaipur" or any member thereof may be restrained by a permanent order and injunction of this Honble Court from holding their separate Imaamat/Jamaat Namaaz and/or from holding Vaiz, Majlis or any other religious functions, ceremonies or gatherings in the said four masjids as mentioned hereinabove, at Udaipur;"
(3.) The suit proceeds on the basis that the plaintiff is the spiritual leader and religious head of the Dawoodi Bohra Community which is a religious denomination. Reference is made to the "Mishaq" whereby one initiated into the fold of the community has to give an oath of allegiance to the plaintiff. It is pleaded that the plaintiff is not merely the spiritual leader and religious head of the said community but is also the sole trustee of the property of the Dawoodi Bohra Community, and the right of management and general control thereof is vested solely in him. It is also pleaded that the tenets of the said community and the articles of faith and belief referred to in the plaint, and the position and status of the Dai-ul-Mutlaq, have been recognised and upheld by the Privy Council.;