Judgment

JAGANNADHDAS J.: This is an appeal by leave granted under Article 136(1) of the Constitution against the second appellate judgment of the High Court of Patna. It relates to the office of Pujari and Panda of a famous temple in the town of Arrah in the State of Bihar, known as the temple of Aranya Devi and Killa Ki Devi.

The appellant before us - a woman -brought this suit claiming joint title to the office along with the defendant and as such entitled to perform the Puja either by herself or through her Karinda and to get a half share in the income of offerings of the said Asthan. It is the admitted case that this office belongs to the family of both the parties and that the duties of the office were being jointly performed by the defendant and his deceased brothers. Rambeyas Pande, and that they were enjoying the emoluments jointly. The plaintiff - the widow of Rambeyas Pande - claims to have succeeded to her husband s share in this property and bases her suit on the said claim.

In the written statement the defendant raised three main defences, two out of which are (1) the plaintiff was not the legally wedded wife of his brother, Rambeyas Pande, and (2) during the lif