Judgement

Appeal (No. 25 of 1923) from a decree of the High Court (May 30, 1921) reversing a decree of the Second Subordinate Judge of Aligarh (September 10, 1918).

The appellants, as representing the entire Shia community of Aurangabad, filed the suit against the respondents, as representing the Sunni community in that town.

By their plaint the appellants prayed for "A declaration that the plaintiffs, along with other Shia residents of qasba Aurangabad, are entitled to stay and perform the matam in a circle at the public thoroughfare at the back of the newly built Jama Masjid and that the defendants have no right or title to offer obstructions to the same or to stop it at any time." They further prayed for an injunction restraining the defendants from interfering or obstructing them while they were acting in the manner above stated. There was also a claim for Rs.200 for damages done to articles of the "majlis," and for "mental pain sustained."

The defendants by their written statement pleaded that the suit was not maintainable, and denied that any religious procession of the Shias had passed at the back of the mosque until recently.

The following issues, among others, were framed—