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1953 Supreme(HP) 13

CHOWDHRY
Kundan – Appellant
Versus
Kanahya – Respondent


Advocates:
Tek Chand Chitkara, for Petitioner; Banna Lal Bahl, for Respondents.

ORDER :- The defendant-petitioner Kundan on the one hand and the plaintiffs-respondents Kanahya, Nand Ram, Shiv Lal and Mangat Ram and the defendant-respondent Daulat Ram on the other, are rival claimants to the office of pujari of an idol known as the Deota Bathjndlu installed in a temple in village Panjyali Sub-Tehsil Suni. Nika Ram and five other defendants are the kardars or managers of the temple, and the Deota has also been impleaded as a defendant.

2. The cause of action for this suit, instituted on 11-4-1950, was that about two years previously on 14th Jeth 2005 B. the kardars appointed the defendant-petitioner as pujari of the idol. The plaintiffs alleged that the kardars had no right to do so inasmuch as they (the plaintiffs) and the pro forma defendant Daulat Ram, brother of the plaintiffs Kanahya and Nand Ram, had the exclusive right to hold the office as hereditary pujaris and as the defendant-petitioner was an illegitimate son and therefore unfit to hold the office. The plaintiffs therefore prayed for an injunction perpetually to restrain the defendant-petitioner from officiating, and the six kardar defendants from permitting the defendant-petitioner to officiate, as p



















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