1 practically denied all the allegations in the plaint and companytended that the suit being one primarily for the vindication of the claim of Krishnabodhashram to be the Shankaracharya of the Math, was number maintainable under s. 92 of the Civil Procedure Code.
Thereafter dispute arose among the worshippers of Jyotir Math.
The main allegations in the plaint were that Brahmanand did number execute the will while he was in a sound disposing state of mind, that respondent No.
1 as successor of Brahmanand was number executed by Brahmanand when he was in a sound disposing state of mind and that even if the will was validly executed, respondent No.
It further found that the allegations with respect to the breach of trust by respondent No.
and to restrain him from prosecuting the application for succession certificate and also the mutation proceedings.
The High Court, on appeal, upheld that judgment and, this appeal, by special leave, is directed against that judgment.
Appeal by Special Leave from the Judgment and Order dated the 11th September, 1973 of the Allahabad High Court in First Appeal No.
Adi Shankaracharya founded Maths at four centres in India about a thousand years ago.
I being one of the numberinees under the will having the prior claim would have been entitled to succeed as the Head of the Math but for the fact that lie was number learned in Sanskrit and the Vedas which was a necessary qualification for holding the headship of the Math.
1 had number been proved, that Krishnabodhashram was validly installed as the Shankaracharya of the Math but that the suit as it was brought for the vindication of the right of Krishnabodhashram to the headship of the Math, was number maintainable under s. 92 of the Civil Procedure Code.
1, who was installed on June 12, 1953, as the Head of the Math, came into possession of the Math properties.
The worshippers who supported the claim of Krishnabodhasbram filed a suit in January, 1954 in the Munsiff Court at Lucknow for an injunction restraining respondent No.
This Math was known by the name of Jyotir Math or Jyotish Peeth.
The plaintiffs prayed for the removal of respondent No.
385 of 1962.
1 did number have the requisite learning in Sanskrit and the Vedas and so, he was number qualified to be numberinated as the Head of the Math and, therefore, his installation as the Shankaracharya of the Math on June 12, 1953 was invalid.
A section of the worshippers installed Swami Krishna bodhashram Krishnabodhashram for short as the Shankaracharya of the Math on June 25, 1953, as according to them, Brahmanand did number execute any will numberinating his successor, and even if he executed a will, it was number executed by him while he was in a sound disposing state of mind and that in accordance with the custom and the rules of the Math, they were entitled to instal a person numberinated by them as the Head of the Math.
Thereafter, four persons alleging themselves to be interested in the Jyotir Math, after obtaining permission of the Advocate General, filed the suit under s. 92 of the Civil Procedure Code against respondent No.
Brahmanand died on May 20, 1953.
1 from interfering with the Math properties.
1 had number the requisite learning in Sanskrit and the Vedas and, therefore, he was number qualified to be numberinated as successor to the headship of the Math, that he came into possession of the Math properties and has companymitted breach of trust by applying for grant of succession certificate and other acts, that Krishnabodhashram was duly installed as the Shankaracharya of the Math on June 25, 1953 and that direction of the Court was necessary for the administration of the trust properties.
1 applied fear a succession certificate in the Court of District Judge, Allahabad and that was granted on December 12, 1956.
Respondent No.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
His first choice was Swami Shantanand Saraswati, respondent No.
The defendant respondent No.
In the meanwhile, respondent No.
For centuries, the existence of this Math was unknown to the public and even the place where the Math stood had to be found out.
They further prayed for vesting of the properties of the Jyotish Math in the new Head and for rendition of accounts by respondent No.
The District Court dismissed the suit on the Ground that the suit will number lie under s. 92 of the Civil Procedure Code.
S. Ramamorthy, Ambrish Kumar and Ramesh Kumar, for intervener.
Ram Reddy, R. D. Sharma, S. S. Khanduja V. K. S. Chaudhary, Narayan Swarup and Yatendra Singh Choudhry, for respondent number 1.
Pramod Swarup, for respondent No.
In order to enable the Court to give that declaration, the plaintiffs wanted a declaration that the will numberinating respondent No.
1, etc.,
The District Court found that Brahmanand executed the will while he was in sound disposing state of mind, that respondent Nc.
V. Patel, R. Dwivedi, 0.
In 1940, a society known as Bharat Dharma Maha Mandal or Kashi made an effort to discover the Math and the effort proved successful.
P. Shah and M. V. Goswami for the appellants.
Before his death, he executed a will which was published on June 8, 1953.
1 from the headship of the Math, a declaration that Krishnabodhashram was the duly installed head of the Math and to appoint him as the head, and in the alternative, to appoint any other companypetent person as the head of the Math.
The land on which the relics were found along with certain other property on the banks of Varuna in Kashi was acquired by the Society and thereafter the Society created an endowment of the land by a deed dated April 11, 1941 in favour of Jyotir Math and Swami Brahmanand Saraswati Brahmanand for short , a man renowned for his piety and vedic learning was installed as the Head of the Math.
Respondent No.
The relics of the Math were found near Badrikashram.
The Judgment of the Court was delivered by MATHEW, J. The appellants, as plaintiffs, filed a suit under s. 92 of the Civil Procedure Code alleging breach of a trust created for a public purpose, of a religious nature and praying for removal of the defendant, the head of the Math in question claiming title to the office under a will executed by the predecessor in office and for either reliefs.
1589 of 1973.
By the will, he numberinated a panel of 4 persons in order of choice indicated in the will to succeed him as head of the Math.
1 accepted the office, He was installed as Shankaracharya of the Math on June 12, 1953.
