Case Note & Summary
The case concerned a dispute among the Bhavi family members, who are hereditary pujaris of the Prabhudev temple in Terdal, Jamakhandi. The plaintiffs, including Gadagayya and others, claimed that they and defendant No.1 had a right to perform pooja and share offerings from the temple for one year in an eight-year cycle, along with defendants 2 to 5, and that defendants 2 to 5 were interfering with their possession of certain land strips and their rights to offerings. The plaintiffs traced their lineage through Parawwa, a female heir of the original ancestor Allayya Bhavi, asserting that poojaraki rights were inheritable even through female members. Defendants 2 to 5 denied the plaintiffs' entitlements, contending that Parawwa had relinquished her share in 1919 in favor of their grandfather Parayya Bhavi by receiving Rs.500 in a prior court case, and thus the plaintiffs could not claim any rights. They also disputed the plaintiffs' possession of the land. The trial court framed issues on possession, interference, and the right to worship and share offerings. After examining evidence, including five plaintiff witnesses and three defendant witnesses, and numerous exhibits, the trial court partly decreed the suit, holding that the plaintiffs and defendant No.1 were entitled to perform pooja and share offerings with defendants 2 to 5, and granted declaration and injunction accordingly. The first appellate court dismissed the defendants' appeal, confirming the trial court's decree. The defendants then filed a regular second appeal under Section 100 CPC before the High Court of Karnataka. The High Court, after hearing arguments, reserved judgment and delivered its verdict on February 24, 2023. The available portion of the judgment does not disclose the High Court's final decision on the appeal, but it recounts the lower court proceedings and findings.
Headnote
A) Religious Endowments - Poojaraki Rights - Hereditary Right to Worship and Share Offerings - Customary Law - Plaintiffs claimed descent from Parawwa, a female heir of the propositus, asserting joint right in the cycle of eight years for temple worship - Defendants contended that Parawwa had relinquished her share in 1919 in consideration of Rs.500 in prior litigation - Trial Court, after analyzing evidence, held that plaintiffs and defendant No.1 had equal joint right to perform pooja and share offerings with defendants 2 to 5, partly decreeing the suit for declaration and injunction - (Paras 3-9).
B) Civil Procedure - Suit for Declaration and Injunction - Burden of Proof - Issues framed pertained to possession of land strips, interference, right to worship, and entitlement to reliefs - Trial Court answered issues partly affirmatively, granting relief - (Paras 7-9).
Issue of Consideration
Whether the plaintiffs and defendant No.1 are entitled to perform pooja and share offerings at the Prabhudev temple jointly with defendants 2 to 5, and whether the defense of relinquishment by a predecessor Parawwa in 1919 barred their claims
Case Details
2023 LawText (KAR) (02) 37
Ravi S Balikai (for Appellants); Jagadish Patil (for C/R4), F.V. Patil & Nandish Patil (for R1(A to E)), V.P. Kulkarni (for R1(B) & R1(C)), Mrutyunjay Tata Bangi (for R2)
Parayya S/O Ishwarayya Bhavi, Ashwini D/O Channayya Bhavi (Minor represented by natural guardian Gourawwa Ishwarayya Bhavi), Ningayya S/O Ishwarayya Bhavi, Mallikarjun @ Hampayya S/O Ishwarayya Bhavi
Gadagayya S/O Parayya Bhavi Since Deceased by LRS (Smt.Bhagirathi W/O Gadagayya Bhavi, Shrishail S/O Gadagayya Bhavi, Basayya S/O Gadagayya Bhavi, Smt.Neelaww W/O Girimallappa Mathapati, Smt.Mahadevi W/O Shankarayya Ganachari), Chanabasayya S/O Parayya Bhavi, Ishwarayya Channayya Bhavi, Smt. Sundrayani D/O Channayya Bhavi @ Sujna W/O Manohar Mathapati, Anand S/O Kallayya Bhavi, Sanjay S/O Kallayya Bhavi, Smt. Savita W/O Mallayya Ganachari
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Nature of Litigation
Civil suit for declaration of rights to perform pooja and share offerings in a temple, and for permanent injunction against interference with possession and rights
Remedy Sought
Plaintiffs sought declaration that they and defendant No.1 are entitled to perform pooja and share offerings jointly with defendants 2-5, and permanent injunction to prevent disturbance of their possession and enjoyment of suit land
Filing Reason
Defendants 2 to 5 allegedly appropriated the plaintiffs' share of offerings and interfered with their land possession and right to perform pooja, taking advantage of the absence of Parawwa's and Guravva's names in records due to their female status
Previous Decisions
Trial Court (Prl. Civil Judge (Jr.Dn) Jamkhandi) partly decreed the suit on 31-03-2008, granting declaration and injunction; First Appellate Court (Fast Track Court, Jamkhandi) dismissed defendants' appeal (R.A.60/2008) on 22-12-2009, confirming the trial court's decree
Issues
Do plaintiffs prove that strip No.1 and 2 in schedule ‘C’ belongs to them and defendant no.1 and they are in possession of the same?
If so do they prove interference by defendant No.2 to 3 in their enjoyment of those strips?
Do plaintiffs prove that they and defendant No.1 have equal joint right of worshiping deity of Terdal with defendants 2 to 5 for one year in 8 years cycle as alleged?
If so do they prove interference by defendants 2 to 5 in exercising of such right and receiving offerings?
Are plaintiffs entitle to the reliefs sought for?
What decree or order?
Judgment Excerpts
Plaintiffs and defendant No.1 are entitle to perform the Pooja and share the offerings before the deity of Sri Prabhudev D...
That there are eight groups in the family and each group gets its right to offer pooja once in the cycle of eight years.
Parawwa through and under whom the plaintiffs are claiming rights had relinquished her share in the year 1919 in favour of Parayya Bhavi by taking Rs.500/- in O.S.No.102/1917 of Terdal Court.
Procedural History
Original Suit O.S.No.113/1989 filed before Principal Civil Judge (Jr.Dn.) Jamkhandi, partly decreed on 31-03-2008. Appeal R.A.No.60/2008 preferred by defendants to Fast Track Court, Jamkhandi, dismissed on 22-12-2009. Regular Second Appeal No.5252/2010 filed by defendants under Section 100 CPC before High Court of Karnataka, Dharwad Bench. Heard and reserved for judgment, pronounced on 24-02-2023.
Acts & Sections
- Code of Civil Procedure, 1908: Section 100
