PUNCHA THAKUR Vs. BINDESRI THAKUR

JUDGEMENT

(1.) The suit out of which this second appeal arises was instituted by the plaintiffs for recovery of possession of a 3-annas share in the offerings made to the temple of Sri Bhairo Nath on establishment of their title thereto. The plaintiffs and the defendant third party form a joint Hindu family. It is alleged that out of the 16-annas offerings, they owned and possessed a 3- annas share and to that extent they used to get charhawa(offering s) offered by the people. The defendant second party, it appears, in execution of a decree put up that share to sale and himself purchased it. Thereafter he sold it to the defendant first party. The defendant third party, father of plaintiffs Nos. 1 to 4, and the father of plaintiff No. 5 had executed a mortgage-bond with respect to the above share in favour of the defendant second party and it was in execution of the mortgage-decree obtained on the strength of the above mortgage that the defendant No. 2 sold and purchased that share which he afterwards sold to the defendant first party.

(2.) In the plaint it is urged that the right in the share of the offerings is inalienable and so the father of the defendant No. 5 and the third party defendant, father of plaintiffs Nos. 1 to 4, had no right to mortgage it and that, therefore, the defendant second party and his vendee the defendant first party acquired no valid title as the whole transaction from mortgage to sale was invalid.

(3.) The suit was contested only by the defendants Nos. 1 and 2 of the first party and by the defendant No. 4 of the second party. Their contention is that the suit is barred by-limitation and that the right in the offerings is transferable.