SONA ULLAH GANAI Vs. MOULVI MOHD AKBAR

JUDGEMENT

(1.) THE plaintiff in this suit seeks a declaration to the effect that he is a musalman and permanent injunction against the defendants not to interfere in his daily activities of life.

(2.) THE plaintiff pleads that the defendants have declared him a non -musLIm by a Futwa dated 25. 2. 1984 on the ground of paying respects by bowing before a religious Priest what is not prohibited by Islam. The defendants have advised all the people of the locality not to associate with the plaintiff nor to have any connection with him. That the defendants assaulted and gave beating to the plaintiff, damaged his shop and even looted the property in the same - The plaintiff is not allowed to make purchases from the market and carry on his usual vocation of life with the result he is facing hardship, therefore, declaratory decree to the effect that the plaintiff is a Musalman, follower of Islam and defendants have no justification to interfere or to stop the plaintiff from practising his religion nor to interfere into his daily vocation of life.

(3.) THE defendants appeared through Sh. M. A. Wani, Advocate and filed their written statement raising preliminary objection that this court has no jurisdiction to go into the question, whether a person is a Muslim or not being a pure question of faith and is based on principles of Islam, that the suit is not properly valued. That the requisite court fee has not been paid.