GANGA PERSHAD Vs. MEGH RAJ

JUDGEMENT

(1.) In this case Megh Raj, plaintiff-respondent, sued Ganga Pershad, defendant-petitioner, for the sum of Rs. 110, alleging that to be due to him on account of his share in the birt of the Nagarkot temple at Bhawan. He averred that he, the defendant, and a Musammat Ishri had been co-sharers in the said birt up to the death of Musammat Ishri, which took place in the earthquake in 1905; that subsequent to her death he and the defendant had been co-sharers in the said birt and had been taking their respective shares, but that from May 1809 to May 1912 the defendant alone had been realising the offerings and had not paid the plaintiff his moiety. The plaintiff estimated the three years income at Rs. 300 and, allowing Rs. 80 as expenditure, he claimed Rs. 110 as his half share.

(2.) The Courts below held (1) that the parties were co-sharers in this birt, and (2) that the defendant had realised the offerings during. the period in suit which amounted to Rs. 300 but had not paid plaintiff his half share.

(3.) The plaintiff was accordingly granted a decree for the amount he claimed.