Legal Provisions Involved: Article 136 of the Constitution of India; Section 80 of the Bombay Public Trust Act, 1950
Judgement by: Supreme Court of India
Judge/Bench: Justice Prashant Kumar Mishra and Justice K. Vinod Chandran
Facts
The dispute concerns hereditary wahiwatdar pujari rights over the Amogasidda temple at Mamatti Gudda, Karnataka, originating in 1901. The Appellants claimed rights based on a decree in O.S. No. 287/1901. The respondents filed O.S. No. 56/1982 seeking declaration of their ancestral pujari rights.
Key Legal Provisions
Article 136 of the Constitution of India; Section 80 of the Bombay Public Trust Act, 1950
Issues raised
- Whether the Appellants established hereditary pujari rights based on a decree passed in 1901?
- Whether the Respondents proved continuous possession and performance of puja duties?
Arguments of the case
The Appellants relied on the decree in O.S. No. 287/1901 conferring hereditary puja rights; contested the validity of revenue records while the Respondent asserted continuous possession as ancestral wahiwatdar pujaries supported by revenue records and witness testimony
Judgement
The Supreme Court dismissed the Civil Appeals, upholding the concurrent findings of the First Appellate Court and High Court. The Court held that the Appellants’ own conduct negated their claim to continuous possession.
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