Alfred Henry Lionel Leach, C.J.

1. The Muhammadan community of the village of Kunchur, Bellary District, owns a piece of land in the Hindu quarter of the village. Some years ago they proposed to; erect on this land a Jumma Musjid, notwithstanding that there were already two mosques in the village. The proposal was greatly resented by the Hindus of the village, and in 1929 they filed a suit in the Court of the District Munsif of Hospet for an injunction restraining the defendants, who represented the Muhammadan community, from erecting the Musjid and a declaration of the unrestricted rights of the Hindus to hold religious, social, public and private processions "attended with music" along the route on which the proposed Jumma Musjid was to be built. The suit was strenuously contested. The defendants set up a contention that a mosque had been erected on the site in 1910 but this had been demolished with a view to the construction of a new mosque. The District Munsif found that although the Muhammadans of the village had occasionally used the site for the purpose of offering prayers there had never been a mosque on the site and that it had never been intended that a mosque shou