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TMI Blog2007 (10) TMI 678X X X X Extracts X X X X X X X X Extracts X X X X ..... to worship. 4. Disputes and differences having arisen between the parties in regard to right of inheritance of offering poojas in the said temple, the father of the plaintiff filed a suit which was marked as OS No.143 of 1956. Parties therein purported to settle their disputes. The consent terms were filed which were accepted by the Court. The said terms are : For the present year and the turn of Pooja which will come after 12 years, the defendant No.1 with the plaintiff herein and with his help perform the pooja as usual of Prabhudeva in Neelavva s pooja turn. During the abovesaid pooja s time the offerings of Naivedya to Prabhudeva, fruits corns Oil and Milk and Curd, Sugar, Jaggery etc. in perishable goods, defendant No.1 should give half share of perishable goods to plaintiff and take half of the perishable goods to himself. In the abovenoted pooja turn the defendant No.1 in his individual capacity as a poojari receiving gold, silver, offering (dakshina) etc. the non-perishable goods the defendant No.1 shall take in that he need not give any share or goods. 5. Indisputably, the turn of worship so far as the said Allayya was concerned, comes once in 12 years. After 1956, th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Trial Judge as also the First Appellate Court furthermore took into consideration the documents marked as Exhibit P-1 as also Exhibit P-3 executed by the father of the defendant No.1 in favour father of the plaintiff wherein it was categorically stated that plaintiff s branch had equal right in worshipping the deity during the turn of Nilawwa and he had right to receive alms equally. In this respect, the learned Court of appeal held : This goes to prove that father of deft.1 has admitted that father of the plaintiffs was the nearest heir of Neelawwa and he has also right in the property of Neelawwa such as land Sy.No.759 and right to worship of Prabhuswami. Ex.P.3 is dated 23.03.1965. Even subsequent to Ex.P.2 father of deft.1 confirmed that father of the plaintiffs is nearest heir to Neelawwa and he has no objection for the property to be shared by father of the plaintiffs such as land and right to worship during turn of Neelawwa. The evidence led by the plaintiff is overwhelming the evidence of the defendants and as such after considering the evidence the learned Munsiff has rightly held that the plaintiffs are entitled to receive half of non- perishable offerings such as gold ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... arrived at between the predecessors-in-title in question for purposes of ascertaining the foundation of the suit itself and if so whether that error is to be interfered with in the exercise of High Court s power under Section 100 of CPC? 11. Both the aforementioned questions were answered by the High Court in the affirmative. It was of the view that as compromise decree was binding between the parties and the dispute between them was governed by the said compromise decree, the plaintiffs suit was not maintainable, stating : It is clear from the conditions of performance of pooja as per the terms of the compromise decree that the right of performing pooja during the turn of Neelawwa and Allayya is conferred upon the father of the first defendant and the pooja during that turn has to be performed by the father of the first defendant with the assistance of the father of the plaintiffs and no joint right has been conferred and regarding the offerings made by the devotees so far as the perishable articles are concerned, they are to be divided equally and non-perishable offerings such as gold, silver, dakshina (cash) etc. which are not perishable, offered individually to the father of t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a trite law that in the event the document is vague, the same must be construed having regard to surroundings and/or attending circumstances. 18. The nature of the document also plays an important part for construction thereof. The suit filed by the parties, inter alia, involved the question of interpretation of the said consent decree. Parties adduced evidences, inter alia, in regard to the nature of poojas and offerings made to the priest in their individual capacity. The dispute between the parties related to right of worship upon inheritance thereof from their predecessor. Their rights in regard to offer poojas in the temple are itself not in dispute. In a case of this nature where a consent decree does not refer to the entire disputes between the parties and some vaguness remained, the factual background as also the manner in which existence of rights have been claimed by the parties would be relevant. The consent decree, appears to be meant to be operative for a limited period viz. 1956 and 1961. Section 92 of the Evidence Act in a situation of this nature, in our opinion, cannot be said to be attracted. 19. A consent decree must be construed keeping in view the lega pri ..... X X X X Extracts X X X X X X X X Extracts X X X X
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