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1938 Supreme(Lah) 216

YOUNG
Mosque Known As Masjid Shahid Ganj – Appellant
Versus
Shromani Gurdwara Parbandhah Committee – Respondent


JUDGMENT

Young, C J - This is an appeal from the Court of the learned District Judge of Lahore. The plaintiffs brought a suit in the lower Court praying for a declaration that a certain parcel of land known in this case as Shahid Ganj was and is the site of a wakf mosque, dedicated to God; that the mosque could not be used for any purpose which, according to Mahomedan law, was opposed to the purposes of a mosque, and that plaintiffs Nos. 2 to 18, and also all other followers of Islam, had a right to use the mosque for the purposes of worship without let or hindrance by any one. Consequential relief was claimed in the form of a mandatory injunction to the following effect, that the defendants: (a) Should not use plaintiff No. 1 (i.e the mosque itself) for any purpose which may be contrary to its sanctity and use according to Mahomedan law; (b) Should not in any way interfere in the plaintiffs Nos. 2 to 18's rights of worship relating to the said mosque; and (c) Should re-construct the portion of the mosque which was demolished by them on the night between 7th and 8th July 1935, in the same shape and form as it was before demolition. In the alternative, the plaintiffs claimed damages

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