Skip to content


Maine Moilar and ors. Vs. Islam Amanath and ors. - Court Judgment

LegalCrystal Citation
SubjectTrusts and Societies
CourtChennai
Decided On
Judge
Reported in(1892)ILR15Mad355
AppellantMaine Moilar and ors.
Respondentislam Amanath and ors.
Excerpt:
civil procedure code, section 11--civil suit--religious usages of muhammadans--kutbah. - .....were entitled to read the kutbah. in the case referred to by the district judge, this very point was put by the judges of the sadr adalat to the muhammadan law officers, who replied ' the performance of prayers on friday, in which the reading of the kutbah is included, is permitted alike in a mosque, or in a house, or in any other place which may be selected by common consent.' the puslars have, by common consent, selected, the moidin palli mosque as the place in which they will have the kutbah read, and they were within their rights in so doing, it having been found that the vicinity to the plaintiffs' mosque is not such as to cause either annoyance or disturbance to the plaintiffs and their co-worshippers. this second appeal fails and is dismissed with costs.
Judgment:

1. We agree with the Courts below that the plaint discloses no cause of action. The plaintiffs wish to prevent the defendants, who are also Muhammadans, from performing a service called 'kutbah ' in their own private mosque on Friday. The ground on which they seek to obtain a permanent injunction is, not that, the performance causes annoyance or obstruction to them in the exercise of their own worship, but that it is contrary to the Muhammadan religion. It is not the province of the Courts to determine what is or what is not contrary to the Muhammadan religion, or to decide what religious service different sects of a community may hold in their own places of worship, provided the holding of such services cause no disturbance or illegal annoyance to the rest of the community, or does not infringe on the rights of their co-worshippers. It is argued that the Courts below should have decided whether the defendants were entitled to read the kutbah. In the case referred to by the District Judge, this very point was put by the Judges of the Sadr Adalat to the Muhammadan Law Officers, who replied ' the performance of prayers on Friday, in which the reading of the kutbah is included, is permitted alike in a mosque, or in a house, or in any other place which may be selected by common consent.' The Puslars have, by common consent, selected, the Moidin Palli mosque as the place in which they will have the kutbah read, and they were within their rights in so doing, it having been found that the vicinity to the plaintiffs' mosque is not such as to cause either annoyance or disturbance to the plaintiffs and their co-worshippers. This second appeal fails and is dismissed with costs.


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //