PANDIT CHANNU DAT VYAS Vs. BABU NANDAN

JUDGEMENT

(1.) In the suit out of which this appeal has arisen the plaintiff-respondent Babu Nandan seeks a declaration that he has a right to perform at Benares a religious pageant (Ramlila) styled Chitherkopt Narsinghla, Bawan Dwadashi and Holi, which are performed every year from Kuar Badi 9 to Kuar Sudi 15th, and to receive the offerings given on the occasion and to realise subscriptions; and for an injunction to restrain the defendant from interfering in any way with the plaintiff's right to perform these ceremonies and from receiving subscriptions and offerings, or from taking any income which might accrue from the said pageants.

(2.) The defendant in his written statement, amongst other pleas, denied the right of the plaintiff to perform the Lila alleging that it was performed on behalf of and by the aid of all the Hindu community. He denied that the pageants in question were exclusively performed by the plaintiff, and he further pleaded that the claim was not cognizable by a Civil Court. He also asserted that he was appointed Vyas of the Lila 25 years ago and has been performing the duties of that office ever since and been in receipt of the fee for the puja. He further alleged that he, under tire direction of the Officers of the District, managed the Ramlila and that the plaintiff has no right to interfere with him in that office.

(3.) The Court of first instance granted the plaintiff a perpetual injunction as claimed and dismissed the rest of the plaintiff's claim.