1913 (6) TMI 1

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..... the image so established. The Maharaja asserts that about 40 years before the commencement of this litigation, the site on which the temple of Shiva stood was washed away by the river Bhagirathi, that the image itself was broken to pieces, that since that time the broken image has been worshipped by the predecessor of the defendant, that the Maharaja has recently established a new image of Shiva in a newly constructed temple in the same village, and that the defendant has refused to perform the worship of this image. The plaintiff, therefore, asks for relief in the alternative in this manner: he prays, in the first place, that the defendant may be compelled to perform the worship of the newly established image; in the second place, that the .....

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..... mission by his predecessor in his own interest. Under the circumstances, it is clear that the property must have been made over by the Maharaja to the predecessor of the defendant in order that the income might be applied for the worship of the image Trilokeswar Shiva. The question consequently arises whether this trust came to an end when the temple was washed away and the image was broken. 5. On behalf of the respondent, it has been contended, on the authority of a text of Hayasheersha, quoted and translated in Shastri Golapchandra Sarkar's Hindu Law , fourth edition, page 471, that when an image has been mutilated or destroyed, it may be renewed of the same material, of the same size and in the same place, and that this renewal m .....

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..... the Maharaja. That image has ceased to exist and a new image has been installed and consecrated by the successor of the Maharaja, and it has been named after the original founder, Trilokeswar Shiva. It is in the same village. There is no conceivable reason why the defendant should decline to apply the proceeds of the property in the worship of the idol. This he has deliberately refused to do. The Court cannot compel him to perform the worship when he repudiates his obligation in that behalf. The only course which the Court can adopt under such circumstances is to hold that the service-tenure has come to an end, and the defendant is not entitled to retain possession of the land. This is clear from the decision of this Court in Hurrogobind R .....

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