Malik, C.J. - (1.) A representative suit was filed by the Hindus of Amethi against the Muslim inhabitants of the same place for the following reliefs. - (1) That it be declared that the Hindus of the town of Amethi in the district of Lucknow have a right to conduct their processions on the public streets of Amethi with music and that they have a right to blow conches and play music in the procession, and in their private houses or public or private temples and that they have a right to pass by the sites occupied by mosques in the town without any obstruction or hindrance by or on behalf of the Defendants.
(2.) THE suit was resisted on various grounds, the main ground being that there was a custom in Amethi according to that custom the Hindus were not entitled to any of the rights claimed in the plaint. It was also pleaded that in 1894 there was an award "Ext. N14" given by one Haji Majid Husain under which the Hindu inhabitants of Amethi were given the right to blow conches only in the Mohallas of Shahzadpur and Rambagh and that only when it did not conflict with the time fixed for Muslim prayers. It was further pleaded that the suit was barred by limitation. The objection to the grant of the declaration were over -ruled by both the lower Courts and the suit was decreed.
(3.) THE Defendants have appealed.;