NATHU BOWA Vs. PANDURANG

JUDGEMENT

(1.) THE plaintiffs in this case stated that they are Watandar Joshis of mauza Ekarjuna and entitled as such to perform the religious ceremonies of the villagers. The defendant was said to have officiated at certain religious ceremonies which the plaintiffs should have been called upon to perform, and they, therefore, sued to recover Rs. 8 by way of damages. The plaintiffs obtained a decree in the first Court which has been confirmed in appeal, directing the defendant to pay to the plaintiffs Rs. 8 as damages the decree also restrains the defendant perpetually from acting as Joshi and interfering with the plaintiffs' right. Against the lower appellate Court's decision the present appeal has been filed.

(2.) THERE was a previous litigation between the parties in Suit No. 304 of 1922 in the Court of the Munsif, Warora, and one of the issues framed in that case was:

(3.) THE decision of these two points decides the appeal as argued : it fails and is dismissed with costs. The appellant will pay the respondent's costs.