Zafaryab Ali v. Bakhtawar Singh

Stuart, C.J and Brodhurst, J.:— The preliminary pleas raised in this case must be allowed, and it will go back for trial on the merits. The plaintiffs, as Muhammadans entitled to frequent the mosque and to use the other religious buildings connected with the endowment, can clearly maintain the present suit, and s. 539 of the Procedure Code has no application to such a case, the endowment in question being, in our opinion, a religious institution within the meaning of s. 24 of Act VI, of 1871, and therefore governed by Muhammadan law. We therefore remand the case under s. 562 of the Code of Procedure for trial on the merits.