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1927 Supreme(Nagpur) 235
HIGH COURT OF NAGPUR
Prideaux
NATHU BOWA – Appellant
Versus
PANDURANG AND ANR – Respondent
Decided on : 28-11-1927
The status of a person as a hereditary Joshi of a village is a question of fact, and the decision in a previous litigation can act as res judicata, preventing re-agitation of the matter.
Headnote:
Joshi - Watandar Joshis' Right to Perform Religious Ceremonies - The court upheld the finding that the plaintiffs, as Watandar Joshis, were entitled to perform the religious ceremonies of the villagers and restrained the defendant from interfering with their rights.
Fact of the Case:
The plaintiffs, Watandar Joshis, sued the defendant for officiating at religious ceremonies that they should have performed, seeking damages of Rs. 8. The lower courts found in favor of the plaintiffs, directing the defendant to pay damages and restraining them from acting as Joshi.
Finding of the Court:
The court upheld the lower courts' decision, finding that the previous litigation's decision on the plaintiffs' status as Watandar Joshis acted as res judicata, preventing the defendant from re-agitating the matter. The court also affirmed the existence of hereditary Joshipana in the Central Provinces proper and dismissed the appeal with costs.
Issues: The key issues were whether the plaintiffs were entitled to perform the religious ceremonies as Watandar Joshis and whether the previous litigation's decision acted as res judicata.
Ratio Decidendi: The court held that the status of a person as a hereditary Joshi of a village is a question of fact, not of law, and upheld the finding of the lower courts on this point. The court also affirmed the maintainability of a suit for Joshipana income in the Central Provinces proper.
Final Decision: The appeal was dismissed, and the appellant was ordered to pay the respondent's costs.
Prideaux, A J C—The plaintiffs in this case stated that they are Watandar Joshis of mauza Ekarjuna and entitled as such to perform the religious ceremonies of the villagers. The defendant was said to have officiated at certain religious ceremonies which the plaintiffs should have been called upon to perform, and they, therefore, sued to recover Rs. 8 by way of damages. The plaintiffs obtained a decree in the first Court which has been confirmed in appeal, directing the defendant to pay to the plaintiffs Rs. 8 as damages the decree also restrains the defendant perpetually from acting as Joshi and interfering with the plaintiffs' right. Against the lower appellate Court's decision the present appeal has been filed.
2. There was a previous litigation between the parties in Suit No. 304 of 1922 in the Court of the Munsif, Warora, and one of the issues framed in that case was: Whether the plaintiffs are Watandar Joshis of raauza Ekarjuna.
3. That issue was found in the affirmative; and both the lower Courts in the present case find that that decision acts as res judicata and prevents the defendant from re-agitating the matter. It is here argued in second appeal that the finding as regards the Joshipana of the village is one of law, not of fact, and that the defendant is entitled to reopen the matter and to obtain another finding on it. It seems to me that the question whether a particcular person is a hereditary Joshi of a village, entitled to do the Joshi's duties of the village and to exclude anybody else from doing so, is a question of fact, not of law; and I have no hesitation in up holding the finding of the Courts below on this point. It is then contended that the office of hereditary Joshipana does not exist in these provinces as separate from Berar, and that no Watandar Joshi in the Central Provinces proper can sue for his dues. But this is not so. Second Appeal No. 172 of 1917, decided by the Judicial Commissioner on 11th of April 1918, shows that a suit for Joshipana income is maintainable in the Central Provinces proper.
4. The decision of these two points decides the appeal as argued : it fails and is dismissed with costs. The appellant will pay the respondent's costs.
Final Result : Dismissed
