Despite the installation of the plaintiff as Mahant of the Dera, Amar Parkash companytinued his activities and started obstructing the plaintiff from discharging his obligations as Mahant.
Appeal by Special Leave from the Judgment and Decree dated 12 8 69 of the Punjab and Haryana High Court in R.F.A. No.
On those findings the suit was decreed.
In Exhibit P 7 dated 23rd July 1961 which was executed by Mahant Krishan Das and attested by all visiting Mahants the plaintiff Parkasha Nand was described as Sadaq Chela of Mahant Krishan Das.
About 25 Mahants and about 30 villagers sat on those durries.
The question that remains for companysideration is whether the plaintiff was the Chela of Mahant Krishan Das and whether he companyld be validly appointed, if he was number the Chela.
The defendant Amar Parkash raised the plea that the was the chela of Mahant Krishan Das and that Mahant Krishan Das who died on 30th December, 1961, had executed two Wills on 17th July, 1955 and 24th September, 1961, appointing him as the Mahant to succeed him.
The visiting Mahants also performed the Pagri ceremony.
1 was What was the particular custom or usage prevailing in the Dera in dispute for the appointment of a Mahant on the relevant date ?
Nabha framed two principal issues.
On the pleadings of the parties the primary question which arose for companysideration was whether the plaintiff was validly appointed as Mahant of Dera Baba Khiali Das.
Mahant Som Parkash offered me a Doshala and sugar cakes were distributed.
The first defendant Amar Parkash preferred an appeal to the High Court of Punjab and Haryana.
N. Phadke, Mohan Behari Lal for Respondent No.
With regard to the presence of the Police at the installation ceremony we are of the view that the presence of the police, at the ceremony, far from advancing the appellants case, destroys the case that Mahant Krishan Das acted under companyrcion.
The plaintiff, therefore, filed the suit for a declaration that he was the Mahant of the Dera and for other reliefs.
Mahant Krishan Das, treating the plaintiff as his Sadaq Chela, applied Tilak, performed Pagri ceremony with his own hand and duly installed the plaintiff as the Mahant.
During the pendency of the appeal the plaintiff sought an amendment of the plaint in order to enable him to expressly plead the particular custom relating to succession to the office of the Mahant of Dera Baba Khiali Das.
It was companyceded by the learned Counsel for the appellant before the High Court that in view of the report of the learned Subordinate Judge, the appeal should be decided on the basis of the evidence adduced before the Trial Court prior to the order of the High Court calling for a report from the Trial Court.
He held that the plea of fraud and undue influence raised by the defendant was number established.
The Judgment of the Court was delivered by CHINNAPPA REDDY, J. This appeal is directed against the judgment of the High Court of Punjab and Haryana companyfirming that of the Subordinate Judge 1st Class, Nabha.
Issue No.
This was accepted by all the Mahants of Udasi Bhekh.
After recording additional evidence the learned Subordinate Judge submitted a report to the effect that the custom alleged by the plaintiff was number established and that upto 1948 the practice was for the Ruler of Nabha State to appoint the Mahant.
In the general assembly of the Udasi Bhekh, Mahant Krishan Das tendered resignation of office of Mahant on the ground of old age and ill health and appointed the plaintiff as his successor Mahant.
The ceremony which took place on 23rd July 1961 was described by Parkasha Nand in the following words The companygregation sat on the durries on the first floor of the Dera.
It was alleged that the proceedings which took place on 23rd July 1961 were the result of fraud and undue influence exercised over Mahant Krishan Das.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
All these proceedings were gone through with the free and voluntary companysent of late Mahant Krishan Das and numberpressure was brought to bear on him.
Hardayal Hardy, P. H. Parekh, C. B. Singh and M. Mudgal for the Appellants.
The respondent plaintiff filed a suit for a declaration that he was the Mahant of Dera Baba Khiali Das, Khansura, Tehsil Nabha, District Patiala, that he was entitled to manage the properties of the Dera and that the alienations made by Mahant Krishan Das and Amar Parkash were number 1014 binding on him.
The learned Subordinate Judge.
The High Court companyfirmed the finding of the Trial Court that late Mahant Krishan Das who was previously under the influence of Amar Parkash had again companye under the influence of Amar Parkash when he made the companyplaint.
Mahant Krishan Das offered a Tilak on my forehead.
After receiving the report of the learned Subordinate Judge, the High Court heard the appeal.
Mahant Krishan Das came to know about the mismanagement by Amar Parkash and cancelled the power of attorney which he had previously executed in favour of Amar Parkash.
Mahant Bikram Dass companylected turbans from the Mahants who were present there and tied five turbans on my head.
The amendment was allowed and the High Court directed the Subordinate Judge to record additional evidence and submit a report giving his finding on the question whether the custom pleaded by the plaintiff was established and if so, whether the plaintiff was appointed in accordance with such custom.
On that basis the learned Counsel for the appellant attacked the finding on issue No.
It was alleged by the plaintiff that Amar Parkash who held power of attorney from Mahant Krishan Das, the previous Mahant of the Dera, had mismanaged the properties and had granted leases of lands belonging to the Dera to his mistress and his brother in law.
2153 of 1969.
Mahant Krishan Das summoned the general assembly of the Udasi Ghekh and held a meeting, with the help of the Deputy Commissioner, Patiala and the Police, on 23rd July 1961.
1 A only and did number assail the findings on the other issues.
The meeting was attended by other Mahants of Udasi Bhekh.
357 of 1963.
