CHINTAMANI KHUNTIA Vs. JAGANNATH TEMPLE MANAGING COMMITTEE

JUDGEMENT

(1.) Plaintiffs are appellants before this Court against a reversing judgment.

(2.) Plaintiff No. 1 is a Khuntia Sevak and plaintiff No. 2 is a Mekap Sevak of Lord Jagannath. They filed the suit in their individual and representative capacity under Order 1, Rule 8 of the Code of Civil Procedure representing all the Khuntias and Mekaps of Lord Jagannath. Their case is that Seva Nos. 13 and 15 of the record-of-rights prepared under Shri Jagannath Temple Act, 1955 ('the Act' for short) enumerate the seva of Khuntia and Mekaps. Seva Nos. 13 and 15 also enumerate the duties and remunerations of Khuntias and Mekaps for performance of their respective duties. The donations made by the pilgrims to the Deities for Darsan are called 'Veta' and 'Pindika' and offered to the Deities at places, such as, Aruna Stambha, Garuda Stambha, Bhitara Kotha, Bijaya Dwar, Ratna Simhasan, Baisi Pahacha, Mandir Bedha and other places inside the temple. Claim of the plaintiff is that Khuntias and Mekaps are entitled to a share out of this Veta and Pindima collected from pilgrims as per Seva Nos. 13 and 15. Defendants have placed sealed boxes at Lion's Gate and on the top of Baisi Pahacha in February, 1977 and January, 1979 wherein such Veta and Pindika are collected. These boxes are opened at long intervals. Plaintiffs filed application before defendant No. 2 demanding their share out of the collections made in the said boxes on the basis of entries made in Seva Nos. 13 and 15 of the record-of-rights, but defendant No. 2 refused to give any share to the plaintiffs for which the suit was filed for a declaration that the plaintiffs are entitled to a share in the collection made in the said boxes put by the defendants.

(3.) Defendants 1 and 2 filed a joint written statement denying the plaint allegations and their specific plea is that the collections made in the said boxes are neither Vetas nor Pindikas. Their case is that Vetas and Pindikas constitute the presents given to the Deities on the pedestal or before the Lords, but the suit boxes are called 'Hundis' and no Veta and Pindika are collected therein and as such, the plaintiffs are not entitled to any share out of the collections made in the boxes.