Patna, April 15: At the Patna High Court yesterday, Justice Sir B.K. Mullick on behalf of himself and the Chief Justice delivered judgment in appeals in what is known as the Peresnath Temple case. The Counsel for the appellants were Babu Sarat Bose assisted by Mr. Bankim Chander De for Swetambar Jains and Sir Benode Mitter assisted by Messrs. Asgar and Sishir Madhab for Digambars. These appeals arose out of a suit brought by Swetambars against entry in the record of rights that both Swetambar and Digambar Jains had equal rights of worship according to the modes and rituals of their own sect in several temples and tanks on the Pareshnath Hill. Swetambars also asserted their claim to proprietary rights over the whole hill by virtue of two firmans granted to them by the Mogul Emperors, Akbar Shah and Ahmad Shah. They also based their claim on their immemorial use of the hill. The Jigambars claimed that the hill was sacred to both sects of Jains and each had equal right of worship with the other. The learned Judges have found that Swetambars claim of ownership was not sustainable and with respect to 21 out of 27 tanks and temples on the hill both Digambars and Swetambars have equal rights of worship and the Swetambars have no right to compel the Digambars to worship at particular time in particular way. With respect to the remaining tanks and Dharmsalas the learned Judges affirmed that Swetambars had the exclusive right of worship. The appeal preferred by both the sects were dismissed with costs.
