Judgement - Chowdhry, J.C. :- These are two second appeals by the defendant Baijnath arising out of two separate suits in both of which the plaintiffs were the same, Tholia and his son Ram Nath, Tholia having died, his son Brahm Nath has been brought on record as his legal representative in the second appeal. The brothers Ram Nath and Brahm Nath are thus the plaintiffs-respondents in both these appeals.

2. Both the suits were dismissed by the trial Court but decreed on appeal by the District Judge of Chamba. The present second appeals were thereupon filed by Baijnath in the Court of the Chief Judge of Chamba. Under Notfn. No. J. 79-15/48, dated 14-1-1949, read with S. 36, Chamba State Courts Act, the Chief Commissioner of Himachal Pradesh referred to the Judicial Committee for its opinion cases that were pending in the Chief Court of Chamba. That is how these second appeals are now before me as Judicial Committee.

3. The two suits were for recovery of value of offerings made on the occasion of Navamala ceremonies, corrupted in local parlance into Nawala ceremonies. The ceremony in one case was performed at the house of one Ashwani Kumar and in the other in that of one Mataditta, and

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