He asserted that Shivshanker Yati possessed numberpersonal property.
It held that the Amauli properties had been purchased by Shivshanker Yati in 1921 from the personal and separate funds inherited by him from his predecessor Shivpher Yati, and that the Amauli properties must, therefore, be regarded as his personal and separate properties and they did number belong to the Math or the deity.
On his death he was succeeded by Mahant Shivbaran Yati, who executed a waqf deed on November 12, 1892 dedicating various properties to the deity with the intent that arrangements for bhog, deepdan and other expenses be met from them.
First Appeal No.
Some of them companytinued to possess and even to acquire personal property after taking sanyas.
He alleged that Mahant Shivshanker Yati owned personal properties which included the properties in village Amauli, that he was the chela of Mahant Shivshanker Yati and the Amauli properties had passed to him under a will executed by the Mahant.
The suit was companytested by the first defendant, Kedar Nath Chaubey, also referred to as Uma Shanker Yati.
From the judgment and decree dated April 21, 1969 of the Allahabad High Court in First Appeal No.
The other appeal, First Appeal No.
It is admitted between the parties that the Amauli properties were purchased by Mahant Shivshankar Yati for Rs.
One of the earliest Mahants of the Math Mahant Gokaran Yati, raised a temple in the premises of the Math and installed a deity acclaimed by the name of Gokarneshwar Mahadeo.
This Court in Gurcharan Prasad v. Krishnanand 2 affirmed that Nihang Dashnami Sanyasis companyld pursue money lending business and companyld own property as absolute owners, and enjoy them as their personal property.
These properties included properties in village Amauli.
Two appeals were filed in the High Court.
The learned Civil Judge decreed the suit but included a finding in his judgment that Sadashiv Yati was number a regularly companystituted Mahant of Math Sauna and Sarbarakar of the deity.
They included sanyasis who had formerly been married men and householders, men who had passed through the grihastha ashram.
Math Sauna is an old Math situated in the village of that name in Tehsil Saidpur in the district of Ghazipur.
80 of 1964 was filed by Kedar Nath Chaubey Uma Shanker Yati against the declaration that the Amauli properties were owned by Math Sauna or the deity and that Sadashiv Yati was in possession thereof as Mahant and Sarbarakar.
196 of 1 970.
We are companycerned in this appeal solely with the Amauli properties.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
270 of 1965 was filed by the plaintiffs for the relief that Sadashiv Yati was a properly companystituted Mahant of Math Sauna and Sarbarakar of the deity.
The present appeal is directed against that part of the judgment and decree of the High Court.
It was observed in Sushil Chandra Sen v. Gobind Chandra Das l that Dashnami sanyasis mixed freely in the business world and carried on trade and often accumulated property.
The High Court allowed both the appeals by its judgment and decree dated April 21, 1969.
80 of 1964.
The surplus, the deed directed was to be employed for acquiring further property in the name of the deity and was number to be applied by the Sarbarakar to his personal use.
T. Desai, A.T.M. Sampath, Mukul Mudgal and Raju Ramachandran for the Appellants.
b of clause I of Article 133 of the Constitution granted by the Allahabad High Court against its judgment and decree dated April 21, 1969 disposing of appeals out of a suit for declaration and possession.
K. Garg, Mrs. Urmila Sirur and Shiv Pujan Singh, for the Respondents.
The plaintiffs filed a suit claiming that the property in dispute belonged to the Math Sauna or the deity Sri Thakur Gokarneshwar Mahadeo Ji installed in the Math Sauna temple, and that Mahant Sadashiva Yati was in possession as Mahant and Sarbarakar.
The Judgment of the Court was delivered by PATHAK, J This appeal arises on a certificate under sub cl.
Sadashiva Yati pleaded that on the death of Mahant Shivshanker Yati he was elected Mahant of Math Sauna and was, therefore, entitled as Sarbarakar to all the properties recorded in the deity Mahadeo Ji or in the name of Mahant Shivshanker Yati.
