Sir George Rankin.:-

This appeal is preferred by the plaintiffs in a suit brought on behalf of the Hindus of a place called Basim, situated in Berar, against a number of Muslim defendants as representing the whole Mahomedan community of Basim. An order under R.8 of O.1 of the Code was duly made and the defendants contested the suit in three Courts in India. Their Lordships much regret, however, that they have not had the advantage of any argument for the defendants as no one appeared to represent them at the hearing before the Board. The dispute is as to the right of the Muslims at the time of Muharram to immerse tazias in a tank called the Padmatirtha tank which lies to the North West of Basim. This tank is described as a large area of water and as having ten ghats. The relief claimed by the plaint, which was filed in the Court of the Subordinate Judge at Basim on 20th June 1929, was an injunction restraining the defendants from immersing tazias (a) from ghats 1 and 2; (b) from ghats 3, 7 and 10 and (c) from ghats 8 and 9. The plaint alleged that the tank was the property of the Hindus : it admitted that for about ten years-that is since about 1919-tazias had been immersed from gha