RAJINDRA PRASAD Vs. KALLU TIWARI

JUDGEMENT

(1.) This is a defendants appeal arising out of a suit brought by the plaintiff for recovery of a 3/4 ths share of a sum of Rs. 750, said to be the price of a nose-ring offered by certain wealthy pilgrims to the temple of Bindbasini Devi, at Bindhiachal. The plaintiff's case was that on the 2nd of September, 1919, he entered into an agreement with the defendants under which he was entitled to get a 12 anna share in all the offerings made by the said pilgrims; that he has received his share in respect of a number of items but the defendants have not given him anything out of the proceeds of the nose-ring., On behalf of the defendants the alleged agreement was denied and it was further pleaded that such an agreement was without consideration and was unenforceable in law. The value of Rs. 750 fixed by the plaintiff was also disputed. Both the courts below have decreed the suit in toto.

(2.) On appeal by the defendants it is strongly contended that the finding is insufficient to show that there was any consideration for the agreement, and that such an agreement is against public policy. And, lastly, it is urged that the finding as to the value of the jewellery is based on inadmissible evidence.

(3.) At the trial it seems to have been admitted by both the parties that a Panda gets his share of the offerings from Pariwals, if it is so agreed. The plaintiff is admittedly a Panda and the defendants are lessees from Pariwals whose turn it was to receive the offerings on the day in question. The courts below have gone further and accepted the plaintiff's evidence which shows that "the Pandas take pilgrims, who visit this shrine, to the temple; they accommodate their clients at their houses, look after their comfort and go with them to the temple when they go to make offerings at the temple and to worship Deviji and though the Pandas have got no right to participate in the offerings made at the temple, yet, as a matter of practice, Pariwals give them a share, according to the terms which may be settled between the Pariwals and the Pandas, out of the offerings."