RAMANGIRI AMRATGIRI GOSWAMI Vs. GOVERNMENT OF GUJARAT

JUDGEMENT

(1.) ORIGINAL plaintiff Ramangiri Amritgiri Goswamy, since deceased, now through legal heirs, instituted a suit for declaration and injunction that he had hereditary right as Pujari in Unai Mata temple at village Unai, Taluka Vansda. He having failed before both the courts below, presented this appeal under section 100 of Civil Procedure Code, 1908 to challenge the judgment and order dated 10th November 1986 passed by learned Assistant Judge, Valsad at Navsari.

(2.) AT the time of admission of the appeal, this court framed following substantial questions of law:

(3.) LEARNED advocate for the appellant Mr. B.T. Rao assailing the judgments of the courts below submitted that Exh.76 explicitly suggested that right to perform Puja as Pujari was conferred together with right to collect the offerings of the temple. It was submitted that plaintiff's right as hereditary Pujari flew from the said document, and the courts below misinterpreted it in holding against the plaintiff-appellant. He relied on Exh.77, which was a Huzur Hukum to put weight on plaintiff's case that the income received on occasions of Chaitri Poornima and Makar Sankranti was not receivable by the Pujari, meaning thereby, that rest of the produce during the year was to go to him. According to learned advocate, reading of Exh. 76 and Exh. 77 together, it was unequivocally coming out that right to do Puja was conferred as hereditary right. Other document relied on before the trial court was Exh. 57 relied on, and on that basis, it was contended that when Mamlatdar submitted the accounts of the trust to the Charity Commissioner, it was indicated that the land admeasuring 26.37 gunthas was of Pujari, and further that the income of the trust was comprised of cash and other gifts received at the temple on the two occasions of Chaitri Sud Poornima and Makar Sankranti.