In writing history, the story of those who succeeded is well-known. What happens to the losers? What changes can we expect when we examine the defeat of the Khojas and Pushtimargis who went to court because of internal dissent and found that they lost some of their autonomy as self-functioning polities? Instead of being allowed to give evidence of their current belief and behaviour, as Islamic or Hindu, they were presented with interpretations of a homogenised Islam and a homogenised Hinduism as a standard by which their religiosity was assessed. The law court in the mid-nineteenth century would decide who they were. Could any inferences be drawn on the construction of unitary religious communities of today?