BANSI Vs. KANHAIYA

JUDGEMENT

(1.) This is a plaintiffs appeal. The facts of the case are as follows: On the banks of the Ganges, not far from Allahabad, is a spot where a ferry crosses the river; it is named Kubrighat. This, apparently, is a convenient spot for pious Hindus to bathe in the Ganges, and apparently many of them do this in connection with religious ceremonies connected with deaths and other circumstances in their families. The contending parties in this case are Mahabrahmans, the plaintiff s, and Gangaputras, the defendants; they may both be described as parasites of Hindu society. These persons go down to the Kubrighat and when a pious Hindu is about to bathe they offer what they call kusha that is, a small bunch of grass. They pronounce a Mantra, and he returns the grass together with a small pecuniary present, The spot where it occurs is private property belonging to the zamindars of two villages, Swadkhat and Taj Mullahan.

(2.) Between the Gangaputras and the Mahabrahmans there have been constant disputes in the past, each seeking to prevent the other from obtaining these alms which are given by the bathers. In the year 1904 there was a dispute, and a Magistrate, by an order, dated the 2nd of July, 1901, passed apparently under Section 144 of the Cole of Criminal Procedure, restramed the plaintiff. (the Mahabrahmans) from taking any such gifts within a distance of 13 yards of the water s edge. The order held good only for two months, and it was passed to prevent a breach of tie peace taking place during that time. It was a period of festival dining which many Hindus frequented the ghat.

(3.) Shortly before the present suit was instituted in the year 1913 there was further trouble between these two classes, and a Magistrate took action aid bound down each party under Section 107 of the Code of Criminal Procedure. At the same time he published the old order of the 2nd of July, 1904, for the information of the parties. Section He did not take action under Section 144 of the Code of Criminal Procedure himself, but merely published the order for their information.