JANKI PRASAD Vs. KARAMAT HUSAIN

JUDGEMENT

(1.) This is a second appeal by certain Hindu plaintiffs against a decree of the learned District Judge of Bareilly. The circumstances are that in the town of Senthal in the Bareilly District there is a mosque which has been established for a long time, and at a very short distance from the mosque, apparently within a dozen yards according to the map on the record, there has been more recently a Hindu temple established. The plaintiffs are representative Hindus, who brought a suit for a declaration as follows: (a) It may be declared that the plaintiffs and the other Hindus are competent to perform the pujapath (worship) of Sri Thakurji Maharaj and the other deities installed in the thakurdwara situate in qasba Senthal, pargana and tahsil Nawabganj, bounded as below, by ringing ghantaa, gharyal, by blowing sankh, and by ringing other religious musical instruments without restrictions of time and to perform kirtan, gayan, ras lila on Monday and Ekadashi (11 day) day according to the rite, custom and belief observed by Sanathan Dharam Hindus and to do utshab on Janam Asthami, and the other festivals according to the old practice and rite mentioned in para. 2 of this plaint and that no person has any right to throw obstacles. (b) A perpetual injunction may be issued to the defendants restraining them from interfering at any time with the plaintiffs prayer made in relief (a).

(2.) It is to be noted that there are two matters in this declaration: one the right to perform music in the temple during worship and the other the right to conduct certain established processions. The District Judge has granted declarations as follows: Firstly the Hindus are allowed to blow music in their temple, whether it is a private or public place of worship, at any time except during the five recognized periods, of Mahomedan prayer.

(3.) In regard to processions the Munsif had passed this order: The plaintiffs should preferably take their processions to the Samdatalab by a route avoiding the mosques and imambaras, but if they pass before them there will be a suspension of the band, music and everything of the like. If Janam Asthami and Dad Kandon coincide with Muharram, there shall be absolutely no music or anything of the like in the first ten days and on the 40 day (chehulum). Parties under circumstances shall bear their own costs. The declaration so granted is subject to the discretion of the executive authorities.