TaxTMI 
TaxTMI 
1913 (6) TMI 1
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....hat the income might be applied for the worship of 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 new....
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.... the defendant cannot use in his favour an admission 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 sam....