In Brief
These consolidated appeals concern the office of mutawalli (superintendent) of the Andrott Jumah Mosque in Lakshadweep. The respondents—members of the Pattakal family—claimed a customary hereditary right to this office, tracing descent from Saint Ubaidulla, who allegedly built and first managed the mosque. The appellants disputed this, arguing the right was not proven and that public residents should control the public waqf. The Court held that although general Muslim law does not recognize hereditary succession to mutawalli office, it may be established by custom if proven to be ancient, certain, invariable, and clearly evidenced. The respondents satisfied this burden through historical documents and statutory Waqf Board records spanning centuries. Temporary breaks caused by third-party appointments and a void compromise decree did not abrogate the custom. The customary right did not violate public policy since the mutawalli held no property and remained subject to removal by the Waqf Board.
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