KUBER MOHAPATRA Vs. NILAKANTHESWAR DEB
LAWS(ORI)-1973-4-17
HIGH COURT OF ORISSA
Decided on April 02,1973

KUBER MOHAPATRA Appellant
VERSUS
NILAKANTHESWAR DEB Respondents

JUDGEMENT

- (1.) THE defendants have preferred this second appeal against the decision of the subordinate Judge, Nayagarh in T. A. No. 38/32 of 1968 reversing the decision of the Munsif. Nayagarh passed in O. S. No. 35/67.
(2.) ACCORDING to the plaintiffs, plaintiff No. 1 is the presiding public deity of village chakradharprasad of which both the parties are the residents. Plaintiffs 2 to 5 have filed this suit under the provisions of Order 1, Rule 8, Civil P. C. representing the entire community of Jogis residing in Hata Sahi and Man-dap Sahi of village chakradharprasad. The defendants have also been sued in their representative capacity representing the other villagers excepting the Jogi community of the village. According to the plaintiffs, plaintiff No. 1 is a public deity of the village and all the villagers including the Jogi community of the village have the right to worship the deity and to offer Bhog to it. They also have the right to have Darshan, worship, and offer Bhog when the Chalanti Pratima (moving deity) of plaintiff No. 1 is taken out in procession every year during the Dola and Jhamu Jatra ceremonies through all the streets of the village including Hata Sahi and Mandap Sahi (hereinafter referred to at places as 'the Sahis'), where plaintiffs 2 to 5 and the members of their community reside. This right they have been exercising since time immemorial, and have acquired a customary right to have such Darshan and to offer Bhog to the said deity in their Sahis during the aforesaid occasions. The defendants and the non-Jogi community of the village look down upon the plaintiffs 2 to 5 and others of the Jogi community of the village. The defendants, being the leading members of the village, are looking after the management of the affairs of the deity, and at their instance the other members of the non-Jogi community have combined against the Jogi community of the village and they do not allow the Chalanti Pratima to be carried through the streets of the Sahis on the above-mentioned festive occasions, depriving thereby the Jogi community of the village from exercising their customary right to have Darshan and to offer Bhog to plaintiff No. 1 in their own Sahis during the Dola and Jhamu Jatra festivals. The plaintiffs assert that the defendants and the non-Jogi community of the village have no right to obstruct the procession of the Chalanti Pratima of the deity to proceed through the streets of the aforesaid Sahis of the village during the Dola and Jhamu Jatra festivals. The plaintiffs in effect want to enforce their right to get the Chalanti Pratima of the deity to their above-mentioned Sahis and there to have darshan and offer Bhog to the deity during the above-mentioned festivals. They to that effect pray for a declaration that neither the defendants nor any members of the non-Jogi community of the village have any right to prevent in any manner the chalanti Pratima of plaintiff No. 1 from being carried during the Dola and Jhammu jatra festivals through the streets in the aforesaid Hata Sahi and Mandap Sahi of the Village where plaintiffs 2 to 5 and others of the Jogi community reside.
(3.) THE defendants have filed a joint written statement. Therein it is inter alia averred that defendant No. 1 is the Marfatdar of plaintiff No. 1, and plaintiffs 2 to 5 or anybody of the Jogi community have no right to represent the said deity or to institute this suit in the present form and for the reliefs claimed therein. They deny the aforesaid right claimed by plaintiffs 2 to 5, on their own and on behalf of the jogi community of the village. According to them the Chalanti Pratima of the deity is taken out in procession only once a year the Dola Jatra but that procession never moves through the streets in Hata Sahi and Mandap Sahi and other places in the village where Saharas, Hadis, Kandaras and Dhobis reside. It is alleged that plaintiffs 2 to 5 and/or the members of the Jogi community are not entitled to any of the reliefs claimed by them in this suit. In short, the defendants deny all the averments in the plaint and pray for dismissal of the suit.;


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