Judgement

Appeal (No. 57 of 1924) from the Chief Court of Lower Burma in its appellate jurisdiction (July 28, 1920) affirming a decree of that Court in its original jurisdiction.

In 1915 the two appellants, together with another plaintiff since deceased, instituted a suit in the original civil jurisdiction of the Chief Court against the respondent Bella and one Sapurjee Cowasjee (since deceased), claiming (a) a declara tion that the first defendant was not entitled to the use and benefits of the Parsi fire temple at Rangoon, or to attend or participate in any of the religious ceremonies performed therein; (b) an injunction restraining the first defendant from entering the said fire temple and repeating the trespass complained of; (c) an injunction restraining the second defendant from taking the first defendant into the said fire temple premises.

The circumstances in which the suit was brought appear from the judgment of the Judicial Committee.

The following were the issues settled and the decisions thereon of the Courts in Lower Burma —

1. 1. Whether the plaint disclosed any cause of action ? Both Courts Yes.

2. 2. Whether the suit is maintainable ? Both Courts Yes.

3. 3. Who are