GOSSAMI GRIDHARIJI Vs. ROMANLALJI GOSSAMI

JUDGEMENT

(1.) IN this suit the plaintiff, who is appellant in the first appeal, claims to be the rightful shebait of a consecrated picture or idol, to which peculiar sanctity is attached by the Bullav Acharji sector community of Vishnuvites; and, as incident thereto, he claims the things which have been offered to the idol, and the possession of a temple in Calcutta in which the idol has for some years been located. His claim is disputed by Purushottam, the principal defendant, whose son and representative is the appellant in the cross-appeal. The controversy, as usual in such cases, has ranged over a wide field, and has given occasion to a great amount of difference in judicial opinion. But their Lordships think that the matters of fact on which the decision should be rested are either undisputed or proved beyond reasonable doubt; and that when they have been ascertained the legal conclusions are plain enough.

(2.) THE plaintiff is the representative by primogeniture of the founder of the Bullav Acharji community. Purushottam is a cadet of the same family. All the male members of the family are in their life-time esteemed by their community as partaking of the Divine essence, and as entitled to veneration and worship; but the head of the family has the precedence, and is styled the tekail. The plaintiff is the present tekait. His principal seat, apparently the principal seat of the community, was Sri Nath Dwar in Oodeypore, but in the year 1876 he was expelled from thence, for some cause not now appearing in evidence.

(3.) WE learn from the evidence that for some time prior to 1860 one Tickumji was mukhia or ordinary officiating priest. On his death, apparently in 1860 or 1861, his brother Govindram entered on the duties of that post, which he held till his death in 1877. Then, after a short interregnum, Sewlol the son of Govindram was appointed, and he apparently holds the post still. By whom these two persons were appointed, and whose servants they were, are matters of controversy.