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2005 Supreme(All) 1998

SUNIL AMBWANI
TH. BRASHBHANJI MAHARAJ VIRAJMAN mandir OASBA BARSENA – Appellant
Versus
KAMPURI – Respondent


Advocates Appeared:
A.B.L.GAUR, A.N.Gaul, G.P.SHUKLA, PRADEEP KUMAR, R.N.BHALLA, S.L.MISRA

( 1 ) THE question, which calls for consideration in this second appeal whether a female Hindu can inherit shebaitship of a Hindu temple? And whether she can execute a deed for management of such right in favour of her married daughter?

( 2 ) THE plaintiff- appellant filed a suit for declaration that defendant Smt. Kampuri, widow of Shri Nandi did not have any right to inherit shebaitship of Sri Thakur brashbhanji Maharaj , an idol in a temple in village Barsana, including about 22 khotharis on the boundaries of its compound. The plaintiff alleged that these khotharies are the properties of Thakurji (the deity), which belongs to the family of their common ancestor Shri Murlidhar, these khotharies are also used for kitchen and bhandara of the temple, and some land in the North is used as Nohra. Shri Thakurji (the deity ) also possess agricultural land, which was recorded in consolidation operation in the name of Thakur Brashbhanji maharaj. Apart from this declartation, the plaintiff also claimed that defendant No. 1 smt. Kampuri did not have right to execute the documents dated 18. 10. 69 and 6-11-69 in favour of her daughter Smt. Mahadevi-defendant No. 2.

( 3 ) THERE is no dispute b











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