BISHANDAS Vs. DURGA PRASAD

JUDGEMENT

(1.) THE suit out of which this appeal arises was instituted by the plaintiffs Bishandass, Chhanganlal and Mst. Champa for declaration that they are the nearest reversioners of the deceased Mst. Ancha and are entitled to get the turn of worship due to the deceased Mst. Ancha. THEy also claimed rendition of account with respect to the income recovered by the defendants on account of the turn of worship of the deceased Mst. Ancha, and claimed a decree for Rs. 500 tentatively subject to such amount as may be ultimately found due.

(2.) THE plaintiffs' case as set out in the plaint is that the Sewapuja in the temple of the former State of Bikaner owned by the erstwhile said State and private parties used to be performed by the Mundra Sewags only and the turn of Mst. Ancha came after every two years for 7-1/2 days. It was alleged that Mst. Ancha died on 12 6-1950 and the plaintiffs being her nearest reversioners were entitled to succeed to her and to do Sewapuja and realise the income from the same on account of Mst. Ancha's turn. It was alleged that the plaintiffs approached the Devasthan Department of the State of Rajasthan by an application dated 5 3-1951 for grant of permission to do Sewapuja in Mst. Ancha's turn, but the said Department turned down the plaintiffs' request and directed them by its order dated 22 12 53 to establish their right in a competent Civil Court. Hence the plaintiffs filed the present suit in the Court of Munsiff, Bikaner on 25-3- 1958.

(3.) LEAVE to appeal to Division Bench is prayed for, but is declined. .