BHAIRAB DUTT Vs. BALA DUTT BHATT

JUDGEMENT

(1.) THIS second appeal of the defendants arises out of the judgment and decree dated 31.7.2001 passed by the District Judge, Almora, confirming the judgment of the trial Court in Suit No. 47 of 1995.

(2.) THE matter relates to a temple and the rights of the plaintiff and the defendants to perform “Puja” in that temple. At Jageshwar in District Almora, there is a temple known as “Jageshwar Temple Dham”. It is in fact a cluster or a group of temples where one of the temples is that of “Pushti Devi”. The father of the plaintiff was a “Panda” in this temple and used to perform “Puja” and according to the plaintiffs this right to perform Puja has subsequently devolved on him. According to the plaintiff, the defendant no. 1 and 2 are also Priest/Panda of temple and they are not allowing the plaintiff to perform “Puja”. Hence, the cause of action for filing the suit where the plaintiff sought a decree of permanent injunction against the defendants. The suit of the plaintiff was decreed by the trial Court and the appeal of the defendants was dismissed by the lower appellate Court. In short the contention of the plaintiff/respondent has been upheld by both the courts below.

(3.) SIR Bhairab Dutt Bhatt, Sri Kaushalanand Bhatt and Sri Dinesh are the defendants/appellants, whereas Sri Bala Dutt Bhatt is the plaintiff. Evidently Sri Bala Dutt Bhatt had filed the suit against his nephews.