SETH SRENIKBHAI KASTURBHAI Vs. SETH CHANDULAL KASTURCHAND

JUDGEMENT

(1.) The above mentioned First Appeals and (Civil Revisions) are taken up together for disposal as being heard analogously and the parties being the same. F.A. No. 146 of 1990(R) has been filed by the defendants of Title Suit No. 23 of 1968 whereas F.A. No. 54 of 1990(R) has been filed by the same appellants who were plaintiffs in Title Suit No. 10 of 1967. Similarly, F.A. No. 55 of 1990(R) has been filed by the defendants of Title Suit No. 10 of 1967 and the same appellants have filed F.A. No. 145 of 1990(R) in which they were plaintiffs in Title Suit No. 23 of 1968. F.A. No. 82 of 1990(R) has been filed by the State of Bihar against Title Suit No. 10 of 1967 in which the State of Bihar was the defendant.

(2.) Analogous judgment in both the suits being Title Suit Nos. 10 of 1967 and 23 of 1968 have been passed by Shri C. S. Choubey, the then Subordinate Judge I, Giridih on 3-3-1990. The first suit in point of time is Title Suit No. 10 of 1967, which has been filed by the Managing Trustees of Seth Anandji Kalyanji Trust allegedly a representative institution of Swetamber Murtipujak Jain Community of India. The defendants in that suit are Dibambaries, another sect of Jain Community and the State of Bihar, whereas the plaintiffs in Title Suit No. 23 of 1968 and the defendants Nos. 1 to 6 of Title Suit No. 10 of 1967 are Dibambaries of the Jain Community as mentioned above. The State of Bihar is defendant as defendant No. 7 in Title Suit No. 10 of 1967 whereas defendant No. 1 in Title Suit No. 23 of 1968. The plaintiffs and the defendants besides the State of Bihar in both the suits have sued and being sued in their representative character under the provisions of Order I, Rule 8 of the Code of Civil Procedure and the points being raised of similar character in both the suits have been tried analogously. In both the suits, Swetambers and Digambers have placed their claims and counter-claims regarding their respective rights in the Hill of Parasnath alias Summad Shikharji and also in the temple, tonks, shrines, Dhramshala, Rest Houses and other constructions over the same. Admittedly, the hill Parasnath alias Summed Shikharji is situated within Pirtand Police Station of Giridih district under the State of Bihar.

(3.) Before narrating the claims and counterclaims made by the two sects of the Jain Communities, it would be desirable to state a brief history of the hill Parasnath and its religious effects and importance for both the sects of Jain communities are in fighting amongst themselves for the last 100 years or more. On the top hill of Parasnath, there is a principal place of Pilgrimage of Jain religion. Amongst the Jains, there are two sects having difference in their way of worship about Sewa and Pujan of idols. Sweambers by name signifies are white clothed while Digambars as name signifies are unclothed. The division between the two sects is very ancient and coming from time immemorial. It is not known as to when it is separated. It might be before or after Christian era. Broadly speaking their difference is in rituals and worshipping in the following manner.Swetambers in the early hours of the day wash the sacred images, clothe them and decorate before worship. Such ornamentation and decoration after washing once remain for the whole of the day while Digambars remove all coverings of idols and wash them and offer Pujas to the sacred images and foot prints. All the time when Puja or worship is done, the idols or foot prints are washed.