They challenged the will set up by the plaintiff as a forged one and further pleaded that only members of four sub castes namely, Khas Thakars, Darora Thakars, Manotra Thakars and Samnotra Brahmins were entitled to receive the offerings and that while Bagu was entitled to a share in the same, the plaintiff was number as she had lost her original sub caste by marriage outside the four sub castes mentioned above.
1118 of 1972 Appeal by Special Leave from the Judgment and Order dated 18 1 72 of the Jammu and Kashmir High Court in L.P.A. No.
The offerings, according to the defendants, were also number liable to devolve by inheritance or demise.
1150/ was fixed as Aian to be paid by the baridars for the management of stay and meals for Sadhus at the shrine.
The said amount was to be deposited in the State Treasury.
During his life time Bagu and the three defendants were entitled to receive the offerings made at the shrine of Shri Vaishno Devi Ji on certain days falling within every seventh Bikrami year so that Bagu would have 6/16th share therein and the defendants companylectively a similar share.
After the death of the plaintiffs father the parties were entitled to receive the offerings in the shares abovementioned on every eighth day in the Bikrami year 2019, the plaintiff having succeeded to the share of her father both under the law of inheritance and by virtue of a will executed by him in her favour.
N. Sinha, Satish Gupta, K.J. John and P.P. Singh, for the appellant K. Bhat and D.C. Anand for respondent 1B 1K. The Judgment of the Court was delivered by KOSHAL, J. This appeal by special leave has arisen out of a suit brought by Smt.
1, against the two appellants and respondent No.
Mandir Gupha situate on land companypris ing 7 marlas bearing Khasra No.
Thereafter in 1920 Bikrami another hundred rupees were added to the above said amount and thenceforth Rs.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
Punna, respondent No.
1250/ were fixed per annum which was being deposited in the State Treasury.
2 for the issuance of a perpetual injunction restraining the three defendants from interfering with her right to recover her fathers share of six annas in a rupee in the offerings made at the sacred shrine of Shri Vaishno Devi Ji which is situated on the Trikutta Hills.
166 and Bhawan situate on land companyprising 4 marlas bearing Khasra No.
The plaintiff had to resort to the suit as the defendants had started interfering with her right to companylect her share of the offerings.
The defendants companytested the suit.
It is the judgment of the Full Bench which is dated the 18th of January, 1972 that is impugned before us.
The suit was decreed by the trial companyrt whose judgment was upheld in first appeal by the District Judge, in a second appeal by a learned Single Judge of the High Court of Jammu Kashmir and in a Letters Patent Appeal by a Full Bench of that Court.
The plaintiff is the daughter of one Bagu who died in or about the year 1959.
6 of 1969.
