important point
In order to find out the meaning of the words employed in a decree, the Court has to ascertain the circumstances under which these words came to be used.

JUDGMENT

S.B. Sinha, J.—

1.Leave granted.

2.There is a temple in the village Terdal under the Jharkhandi Taluk in the State of Karnataka, commonly known as Sri Prabhudeva Temple. Parties hereto are the hereditary poojaris of the said temple. They are entitled to bless the devotees, receive alms and other offerings made by the devotees throughout the year. The turn of worship has been amicably divided and settled, inter alia, amongst the plaintiffs and the defendants.

3.There were three branches with which we are concerned; one is the branch of the plaintiff, second is the branch of the defendants and the third is the branch represented by Parayya Allayya Hittalamani. The said Allayya and his wife Neelawwa died without any issue. The plaintiffs and the defendant No.1 inherited their right to worship.

4.Disputes and differences having arisen between the parties in regard to right of inheritance of offering poojas in the said temple, the father of the plaintiff filed a suit which was marked as OS No.143 of 1956. Parties therein purported to settle their disputes. The consent terms were filed which were accepted by the Court. The said terms are :

“For the present year and the turn of Pooja which will come after 12 years, the defendant No.1 with the plaintiff herein and with his help perform the pooja as usual of Prabhudeva in Neelavvas pooja turn During the abovesaid poojas time the offerings of Naivedya to Prabhudeva, fruits corns Oil and Milk and Curd, Sugar, Jaggery etc. in perishable goods, defendant No.1 should give half share of perishable goods to plaintiff and take half of the perishable goods to himself.In the abovenoted pooja turn the defendant No.1 in his individual capacity as a poojari receiving gold, silver, offering (dakshina) etc. the non-perishable goods the defendant No.1 shall take in that he need not give any share or goods.”

5.Indisputably, the turn of worship so far as the said Allayya was concerned, comes once in 12 years. After 1956, the said turn came in 1968. There exists a dispute as to how the parties hereto shared the offerings in 1968. However, when the turn again came in 1980, the plaintiffs filed a suit praying, inter alia, for the following reliefs :

“It may be declared that plaintiffs and their family members have a joint right of pooja and receiving offerings of Prabhudev Temple at Terdal along with defendant No.1 or his successors regarding the turn of deceased Neelawwas branch once in 12 years in perpetually. Consequently perpetual injunction may kindly be issued against the defendants, their relatives and agents from threatening, obstructing or causing obstruction to the joint right of the plaintiffs to perform the Pooja and receive offering during the turn of Neelawwas branch every twelve years.”

6.The said suit was decreed by the learned Trial Judge. Defendants preferred an appeal thereagainst. The learned Court of First Appeal also affirmed the said decree, inter alia, opining :

“The term in para 2 of Ex.P-2 makes it clear that silver, Gold, money which are non-perishable commodities given to deft.1 in his individual capacity being a poojari should be taken by himself and he need give any share to the plaintiff therein. It makes it clear that any non-perishable commodities offered to deft.1 in his individual capacity as poojari of the deity such as gold, sliver and money should be taken by himself and he need not give share therein to the plaintiff. So, any offerings given in individual capacity of deft.1 as poojari should be taken by deft.1. Once example is sufficient to what kind of offerings given to poojari in his individual capacity is given, i.e., if the poojari removes heirs of a child during Javala ceremony and parents of the child given any offerings such gold, silver and money to poojari he should take it as it is given to him being poojari in his individual capacity for performing Javala ceremony. Such offerings made to poojari in his individual capacity should be taken by the father of de