JUDGMENT

Walsh, J. - This is an action for the recovery of certain timber or the value thereof, consisting of trees and branches of trees, which were blown down by the wind in a certain graveyard in the town of Koil on the 25th of May 1913. The plaint also claims an injunction restraining the defendants from cutting or removing any trees from the graveyard. The plaintiffs allege that they are the owners of the soil which was dedicated as a takia or graveyard and that they are entitled to any produce of the land which has been severed from it and the usufruct of which is not inconsistent with the purposes for which the land was dedicated. The defendants, who are seven members of a much more numerous Muhammadan mohalla or religious brotherhood to whom the graveyard was dedicated, and by whom it has been used, contend that the plaintiffs' claim has no justification in Muhammadan Law and is inadmissible according to the general principle that property dedicated for religious purposes is sacred for all time and cannot be the subject of private ownership. The case was argued before me as one of principle in which the timber in dispute was a minor consideration, and I, therefore, reserved