MAHARAJ BAHADUR SINGH Vs. BALCHAND

JUDGEMENT

(1.) Their Lordships do not desire to hear counsel for the respondents in this case, for having given full regard to the facts stated and advanced on behalf of the appellants, they find themselves unable to advise His Majesty, that the appeal should be allowed.

(2.) The case is interesting : it arises out of a claim by a religious body known as the Sitambari Jains to use for their worship a hill known as the Parasnath Hill, which appears to have been consecrated by use extending over many years for their rites and ceremonies. No question, however, arises in this appeal as to any title acquired by this long user, for this dispute had already arisen and was settled by an agreement made on May 16, 1872; it is only on the terms of this agreement that the present appeal depends. The agreement was in two parts-signed, in the one case by Raja Sri Parasnath Singh, and in the other by the honorary manager of the Sitambari Jain Society. The general effect of these documents is that the Raja for good consideration agreed that the Sitambari Jains should in no way be hindered in the conduct of their ceremonies, and that a joint arrangement should be made by which the various offerings from people who took part in those religious ceremonies should be collected and preserved, and disposed of in the manner that the agreements provide, and in order further to secure the Jains there was a special provision inserted in those agreements, which causes the present dispute. In the document that was signed by the Raja the agreement took this form: that if the Sitambari Jain Society shall require any place on Parasnath Hill and below thereof at Madhuban for erecting mandir and dharamsala, and for doing repairs and making bricks for the said purpose, in that case I and my heirs shall give for making mandir, dharamsala and bricks, land, stones from the hill and timber, free of costs, and if I and my heirs refuse to give, in that case the Sitambari Jain Society shall take the same of its own power.

(3.) In the counterpart this provision took this form: that the Raja agrees to allow the Jains Sitambari Society "to build and repair temples and dharamsala on the hill, and to give us"-i.e., the Sitambari Jains-"lands free of charge, which will be required for making bricks."