JANKI RAMAN PD MISHRA Vs. KOSHALYANANDAN PD MISHRA

JUDGEMENT

(1.) This is an appeal by defendants 1 and 2, being defendants first party, against the judgment and decree, dated the 12th December, 1953, of the Additional Subordinate Judge, Darbhanga, decreeing the plaintiff's suit for recovery of possession of his right to manage periodically the affairs of the deity and its properties.

(2.) The plaintiffs grandfather was Sarjug Pd. Misser. He had two other brothers, Rajendra Pd. Misser and Tribeni Pd. Misser. The two appellants-defendants, Janki Raman Pd. Misser and Ramnan-dan Pd. Misser, are the sons of Rajendra Pd. Misser. The other defendants of the first party are the sons and grandsons of the two appellants-defendants. Defendants 16 and 17 who are the second party are the two widows, and defendant No. 18, the third party is the daughter of Tribeni Pd. Misser.

(3.) The plaintiff's case is that Sarjug Pd., Rajendra Pd. and Tribeni Pd, constructed a temple from the joint family funds in mauza Jagdishpur, also called Raghunathpur, in the district of Darbhanga. and installed therein the idols of Shri Sitaramji Mithila Behari. For the expenses in pujapath and Rajbhog etc. of the deity, they dedicated the properties shown in schedule I of the plaint conferring therein an absolute right on the deity. The properties were estimated to yield an income of Rs. 900/- per year.