HOLLOOR GOPAL RAO Vs. WAR NASI SHIV RAMIAH

JUDGEMENT

(1.) APPEAL from the judgment and decree of the Court of the District Judge, Karimnagar, dated the 26th Behaman 1350 F in Appeal No. 10/4 of 1350F. on the file of that Court.

(2.) THE Respondent in this case filed a suit for a declaration of his right to perform the duties of a purohit in the village of Vankapur aid Kaehapur. He also prayed for a perpetual injunction restraining the Appellants from performing those duties in the aforesaid villages on the allegation that his ancestors had been performing these duties since a long time and as such he alone was entitled to officiate as purohit and to perform those duties in those villages. The Defendants denied that the 'purohitgiri' in those villages belonged to the ancestors of the Plaintiff. They also objected to the maintainability of the suit. On the evidence led by both the parties the trial court came to the conclusion that the Plaintiff had established that his ancestors discharged the duties of purohit and therefore held that ha was entitled to a decree for a declaration of his right to 'purohitgiri' in the villages. The Defendants appealed to the District Court, and (he lower appellate Court modified the decree by providing that the Defendants shall not be prevented from getting the services of the purohit rendered by persons other than the Plaintiff. The Defendants filed an appeal to this Court against the above judgment and Decree.

(3.) IN deciding about this question as to whether a suit (lies?) for the enforcement of a right to 'purohitgiri' to the exclusion of others, the following matters have to be borne in mind: