Mal Dass filed a regular first appeal in the High Court.
A dispute, however, cropped up between Pritam Dass a senior Chela of Mahant Sobha Ram and Mal Dass.
Oral and documentary evidence was adduced by the parties before the Trial Court which had framed several issues in the suit for trial The Trial Court decreed the suit of the appellant on 28 3 1963 holding that the appellant was the Chela of Sohba Ram and was a duly installed Mahant.
He filed his written statement on the 17th May, 1962, inter alia, taking the plea of numberjoinder of Pritam Dass.
Shortly thereafter the other three Chelas died one after the other.
1 respondent, Mal Dass, Sobha Ram had executed a Will in his favour on the 16th of January, 1961, a fortnight before his death.
This led to a proceeding under Section 145 of the CrPC between Pritam Dass and Mal Dass companycerning the properties of the institution at Kaddon as well as Jasra.
It is number clear from the records of this case as to when Ganga Ram died and when Sobha Ram became the Mahant and how.
On the l6th of April, 1962 he filed the suit giving rise to this appeal for possession of the Dharamshala and the properties appertaining to it on the basis that he was the duly installed Mahant of the said institution.
It appears that Narain Dass also died during the life time of Bishan Dass.
The Revenue Authority eventually made a Mutation Order on the 14th of February, 1962, Ext.
The Trial Court did number accept his case that was the Mahant.
Mal Dass was held number to be entitled to the properties on the basis of the alleged Will or otherwise.
Under the terms of the companypromise the Dharamshala and the properties at Kaddon were allotted to Mal Dass and Pritam Dass got the Jasra Dera and its properties.
Originally Mal Dass alone was impleaded as a defendant to the suit.
Munshi Dass the appellant in this appeal claims that he was also the Chela of Mahant Sobha Ram and was duly installed as a Mahant on the 5th of November, 1961 as evidenced by the Bahi entry, Ext.
Thus companye this appeal.
Ganga Ram was appointed the Mahant with the approval of Bishandass.
Thereupon, an amended plaint was filed by the appellant on the 21st May, 1962 adding in the original plaint a new paragraph to implead Pritam Dass as defendant No.
After the death of Ganga Ram, Sobharam became the Mahant.
Although Narain Dass was his junior most Chela, Bishan Dass because of his incapacity and ill health made Narain Dass the Mahant during his life time.
This fact is evidenced by the Mutation Order of the Revenue Authority passed on 10 3 1908, Ext.
According to the case of original defendant No.
Sobha Ram died on the 31st January, 1961 in a Hospital at Ludhiana.
The fact that one Bishan Dass, Chela of Prem Dass was the Mahant of this institution at the end of the 19th century is number in dispute.
Bishan Dass had four Chelas 1 Parmanand, 2 Narain Dass, 3 Atma Ram and 4 Ram Dass.
Bishan Dass and the other of Ganga Ram succeeding Narian Dass.
In the proceedings a companypromise was entered into between the said two companytesting parties.
Pritam Dass filed his written statement on the 25th August, 1962.
D 13 in favour of Mal Dass recording his name in respect of the Kaddon properties.
One Ganga Ram was the Chela of Narian Dass.
Mal dass claimed to have been installed as a Mahant in succession to Sobha Ram shortly after his death i.e. on 12 2 1961.
L. Untwalia, J. There is a Dharamshala situated in village Kaddon, District Patiala in the State of Punjab.
A part of the same institution was another Dera or Dharamshala situate at Jasra Tehsil near Ludhiana.
