He died on 10 4 1918, without leaving him surviving any Chela or Gurbhai companydisciple with the result that the line of Sehaj Nath became extinct.
as also from offerings and for other reliefs.
Badlu Nath, another Chela of Sandhiya Nath and Gurbhai of Shanker Nath then succeeded to the estate of Sandhiya Nath.
A second appeal was filed by Respondent 1 against this decision of the District Judge, Delhi, in the High Court of Judicature for the State of Punjab at Simla.
The Appellant was accordingly found to be the rightful claimant to the Gaddi and rights and interests of Sandhiya Nath in both the above religious institutions and to lands in village Bahapur.
Shanker Nath, however, was removed by the Bhekh Bara Panth on account of his immorality and Hardwari Nath, another Chela of Sandhiya Nath, was appointed the Mahant in his place.
All the three Courts who came to the companyclusion in favour of the Appellant in this behalf were of the opinion that the extinction of the line of Sehaj Nath on the death of Bhola Nath afforded an instance of the second part of the rule of succession propounded by the Appellant, viz.,
Pancham Nath was then the representative of the line of Sahib Nath and Sandhiya Nath was the representative of the line of Maya Nath.
While this dispute was going on Badlu Nath died on 23 9 1945 without leaving any Chela with the result that the line of Maya Nath also became extinct and the estate and the right, title and interest of Badlu Nath, the last representative of that line, devolved upon the Appellant who was the representative of the surviving line of Sahib Nath.
The suit out of which the present Appeal arises was instituted by the Appellant in the Court of the Subordinate Judge, First Class, Delhi, against the Respondents 1 2 for a declaration that he was the Mahant of the Temple of Bhaironji and as such entitled to the properties and the per quisities attached thereto including the right to worship in the Temple of Sri Kalkaji and to recover the income from rents etc.,
Hardwari Nath filed a suit in December 1941 against Shanker Nath which ended in a companypromise decree, and, when Hardwari Nath tried to take possession of the property in pursuance of the decree, Shanker Nath murdered him and was, in his turn, sentenced to death on 18th April, 1943.
It may be observed at the outset that Respondent 1 failed to prove the rule of succession which he set out in para 4 of his written statement and the finding reached by the trial companyrt, in this behalf that there has never been any election to the office of Mahant in these institutions was number challenged in the Court of the District Judge, Delhi, number before the High Court.
This appeal was heard by a single Judge who also companyfirmed the decision of the trial companyrt and dismissed the appeal with companyts throughout.
The suit was, therefore, decreed in favour of the Appellant with companyts.
The Division Bench, hearing the Letters Patent appeal, came to a companytrary companyclusion, held that the Appellant had number proved the custom set up by him and allowed the appeal dismissing the Appellants suit with companyts throughout.
942 of 1949 dismissing the Appellants suit with companyts throughout.
The Respondent 1 filed a Letters Patent appeal against this decision of the single Judge.
The Respondent 1 took an appeal to the Court of the District Judge, Delhi, and the District Judge, Delhi, accepted the companyclusion of the trial Court in regard to the rule of succession, dismissed the appeal and companyfirmed the decree passed by the trial companyrt in favour of the Appellant though it varied the order of companyts ordering both the parties to bear their own companyts in both the Courts.
that on the extinction of a line, numberChela having been left therein, Succession devolved upon the remaining lines.
The pedigree showing the representation of these three lines of descent from Balak Nath is given below BALAK NATH Sehaj Nath Maya Nath Sahib Nath Maha Ram Nath Magni Nath Khubi Nath Dhani Nath Ram Rattan Nath Naina Nath Agdi Nath Mansha Nath Ram Rikh Nath Pancham Nath Sanwat Nath Ram Chandar Nath Shiv Nath Pup Nath Misri Nath Bhola Nath Sandhiya Nath Prithi Nath Mam Chand plaintiff Nath Shanker Nath Badlu Nath It shows that Bhola Nath was the last representative of the line of Sehaj Nath.
There was, however, a dispute in regard to the mutation of names between Badlu Nath and Respondent 1 who claimed to be the Chela of Phul Nath who was a Chela, of Naina Nath, an earlier representative of the line of Maya Nath.
On the extinction of the line of Sehaj Nath, the estate and the right, title and interest of the last representative of that line devolved upon the surviving lines, viz.,
the lines of Sahib Nath Maya Nath Pancham Nath and Sandhiya Nath inherited the same in equal shares Pancham Nath was succeeded by his Chela Mam Chand Nath and after the death of Mam Chand Nath the Appellant, the other Chela of Pancham Nath and Gurbhai of the deceased succeeded to the estate of Pancham Nath Sandhiya Nath was succeeded by his Chela Shanker Nath.
108 of 1951 reversing the judgment of a single Judge of the High Court in Regular Second Appeal No.
The case of the Appellant was that one Baba Balak Nath was the Mahant of the Temple of Bhaironji and he left him surviving his three Chelas Sehaj Nath, Maya Nath and Sahib Nath.
Bhagwati, J. This Appeal is directed against a judgment of the High Court of Judicature for the State of Punjab at Simla in Letters Patent Appeal No.
