GULAB Vs. CHANDAN KUNWAR

JUDGEMENT

(1.) THIS second appeal arises against the judgment and decree dated 24th August 1968 passed by the Judge Small Causes Court, Allahabad, exercising powers of Civil Judge and dismissing Civil Appeal No. 531 of 1966 filed by the defendants appellant and confirming the judgment and decree passed by the trial Court in Original suit No. 351 of 1957.

(2.) ONE Ambika Prasad filed a suit for permanent injunction restraining the defendents from performing Puja and other ceremonies at the temple claiming themselves to be Brahmans. There is an old temple of Goddess Shitla Devi in village Farhampur. There is a Havan kund near the temple. People from far off come to the temple for Darshan and Puja. Defendants Nos. 1 to 5 are Malis. They are entitled to the offering made at the temple. After a visit to the temple the people go to Havan kund where Satnarain Ki Katha, Shitlashtan, Durga Shabdsadi, etc. are peformed. The plaintiff's case was that he and defendant No. 6 are entitled to perfrorm these Pujas by virtue of being Brahmans and also on account of the fact that they have been doing it since the time of their ancestors. The suit was filed as defendant started interfering with the plaintiff's exclusive right of performing these Pujas. The plaintiff also claimed damages.

(3.) IN the additional written statement, it was said that in view of the custom prevalent, the plaintiffs are not competent to perform the Pujas as they are ladies. The right of Smt. Chandan Kunwar, as a widow, to continue the suit was also challenged.