PANCHA TIRTHA SEBAYAT SABUTA Vs. SRI GAJAPATI MAHARAJA

JUDGEMENT

(1.) HEARD further argument from both the parties and the Second Appeal is disposed of in the following manner.

(2.) PLAINTIFFS are the appellants in the Second Appeal and the Defendants are the respondents. Plaintiffs belong to the 'Sabut Nijoga' and the suit was filed in the representative capacity in accordance with the provision under Order 1, Rule 8, C.P.C. There is no dispute to the status of the plaintiffs as the representatives of their community. Their contention in the plaint is also not detrimental to any person belonging to that community. Defendant Nos. 1 to 1 (jha) are the members of the Managing Committee by the date of institution of the suit and defendant No. 2 is the administrator of Lord Sri Jagannath Temple, Puri. Plaintiffs filed the suit with the assertion that they are one type of 'Sevayats' of Sri Jagannath Temple, Puri. Though they have not been assigned with any rites inside the temple, but their right to perform obsequies, 'Sradha' and 'Sankalpa' at Swargadwar, Swetaganga, Markanda (pond), Indradyumna (pond) and Chakratirtha is a recognized one. In other words, they have the exclusive right at Srikhetra Puri to perform the obsequies as well as Sradha, Pinda Dana and Sankalpa of the pilgrims or of the local public. Defendants, in contravention to their such rights, started issuing licence to other Brahmins for performing obsequies, Sradha and Sankalpa at Narendra Puskarini (pond) and inside the temple premises of Lord Sri Jagannath, Puri. Since such a practice adopted by the defendants is not permissible under the 'Sashtra' and custom and further that action of the defendants contravenes with their rights and affects their bread and butter, therefore, they prayed to injunct the defendants not to issue such licence. Alternatively they prayed that if the rights of the plaintiffs' community is not accepted, then defendants may also be directed to grant licence for doing such acts inside the temple premises and Narendra Puskarini.

(3.) BOTH the parties adduced evidence, both oral and documentary, in support of their respective contentions. On assessment of the same, learned Subordinate Judge held that plaintiffs' right to perform obsequies, Sradha and Sankalpa at Pancha Tirtha is a recognized one and the defendants have not infringed with that right. By virtue of such a right plaintiffs have no monopoly to perform the rites and rituals of the above category anywhere at Srikhetra, Puri including the temple premises and Narendra Puskarini. In view of the evidence of D.W.6 - a Sanskrit scholar and D.W.4 - Banishree Nimain Charan Harichandan, a renowned devotee of Lord Sri Jagannath and a notable singer of the State, the defendants have proved existence of the system of grant of licence for performance of 'Sradha', 'Sankalpa' and 'Pinda -Dana' inside the temple premises and Narendra Puskarini and Exts. A series to D/3 are sufficient to prove that aspect. On recording such finding, learned Subordinate Judge, Puri dismissed the suit filed by the plaintiffs.