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1979 Supreme(SC) 132

A.D.KOSHAL, D.A.DESAI, V.R.KRISHNA IYER
Badri Nath – Appellant
Versus
Punna – Respondent


Advocates:
D.C.ANAND, K.J.JOHN, K.K.BHATIA, L.N.Sinha, P.P.SINGH, SATISH GUPTA

Judgment

KOSHAL, J.:- This appeal by special leave has arisen out of a suit brought by Smt. Punna, respondent No. 1, against the two appellants and respondent No. 2 for the issuance of a perpetual injunction restraining the three defendants from interfering with her right to recover her fathers share of six annas in a rupee in the offerings made at the sacred shrine of Shri Vaishno Devi Ji which is situated on the Trikutta Hills. The suit was decreed by the trial court whose judgment was upheld in first appeal by the District Judge in a second appeal by a learned Single Judge of the High Court of Jammu and Kashmir and in a Letter Patent Appeal by a Full Bench of that Court. It is the judgment of the Full Bench (Which is dated the 18th of Jan. 1972) that is impugned before us:

2. The averments made in the plaint may be summarised thus. The plaintiff is the daughter of one Bagu who died in or about the year 1959. During his lifetime Bagu and the three defendants were entitled to receive the offerings made at the shrine of Shri Vaishno Devi Ji on certain days falling within every seventh Bikrami Year so that Bagu would have 6/16th share therein and the defendants collectively a similar




























































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