GAURI SHANKAR Vs. AMBIKA DUTT

JUDGEMENT

(1.) THIS appeal concerns two temples known as "Jora Mandir" founded and endowed by Bakshi Bhagwat Lal in the town of Arrah, The plaintiff brought the suit alleging that Bakshi Bhagwat Lal had endowed the properties mentioned in Schedule A of the plaint and had appointed Pandit Aditnath Misser as hereditary mutwalli and Pujari. After the death of Aditnath his son Loknath filled the office. Thereafter Loknath's sons Mahadev and Mahanand agreed that they would remain Mulwalli and Pujari in rotation for one year each. The plaintiff is the grand -son of Mahadev but the defendants had refused to permit the plaintiff to work as Mutwalli and Pujari in his turn. Plaintiff hence asked for partition of "his right of worship in the temple and offerings".

(2.) THE Subordinate Judge held that the plaintiff failed to prove that Aditnath Misser was ever appointed Pujari and mutwalli; and that there had been any arrangement between Mahadeo and Mahanand to work as mutwalli or Pujari by rotation. The Subordinate Judge accordingly dismissed the plaintiff's suit.

(3.) AGAINST this decree defendant 1 has preferred this appeal.