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Religious & Charitable Endowments LawSupreme Court of India

Ogeppa (D) Thr. LRs. v. Sahebgouda (D) Thr. LRs.

Civil Appeal · 2026 INSC 191Decided 25 Feb 2026
C.A. No.-007181-007182 - 2016
Justice Prashant Kumar Mishra · Justice K. Vinod Chandran · Justice N.V. Anjaria

Background

Two rival families had been litigating for over a century over who holds the hereditary "wahiwatdar pujari" rights (the right to perform puja, receive devotee offerings, and conduct the annual jatra) at the Amogasidda temple in Karnataka. The dispute traced back to a 1944 suit, followed by a fresh suit in 1982, with the trial court splitting rights between both families, the First Appellate Court ruling entirely for the respondents, and the High Court (after an earlier remand by the Supreme Court itself) ultimately deciding in favour of the respondents. The appellants challenged this final High Court decision, relying on an old 1901 decree in their ancestor's favour.

Decision Breakdown

The Supreme Court dismissed the appeal, holding that its power under Article 136 is used sparingly, especially against concurrent findings of fact by two lower courts. It found the appellants' own predecessor had filed a 1944 suit for possession of the temple, itself an admission that they were not in possession, and then failed to pursue that claim for 36 years, undermining the value of the older 1901 decree. Revenue records showed only the respondents' ancestors connected to lands granted for the temple's upkeep, and even the appellants' own witness admitted facts supporting the respondents. The Court also held that the appellants' pleadings never specified when they took possession or began performing puja, so oral evidence could not fill that gap. Finding no perversity in the High Court's judgment, the appeals were dismissed with no order as to costs.

Lesson Learnt

In property and rights disputes, courts place heavy weight on a party's own conduct over time, such as staying silent for decades instead of asserting a claim, and on official documentary evidence like revenue records, over an old decree that was never acted upon. The Supreme Court also rarely disturbs concurrent factual findings reached by two lower courts.

Ogeppa (D) Thr. LRs. v. Sahebgouda (D) Thr. LRs. – Legal Case Shots | LegalAware