He had a large number of followers.
He spent the income of the endowed property for religious purposes such as sewapuja of the idol and for maintenance of Sadhus of Nihang Vaishanaua Vairagi of Rama Nandi Sampradaya.
He further stated that the Temple was number a public one and the members of the public had numberright to interfere in its management, number did they have any right of worship in the Temple.
During that war, the entire record was burnt and destroyed.
Thereafter, on March 27, 1954, Mahant Raghubir Das executed a Gift Deed in favour of the defendant in respect of 2/3rd share of the endowed land, but the same, according to the plaintiffs, was number given effect to.
of the said Thakurji Maharaj.
The defendant denied the charges of mismanagement and suspension of sewapuja.
The defendant be directed to deliver possession of the endowed property to a person entitled to its possession and management.
Some allegations of mala ministration extravagance and immoral companyduct were, also, leveled against the defendant.
Ordinarily Avadh Kishore Das, defendant, used to live with Mahant Raghubir Das and help him in managing the affairs of the Math.
On the death of Mahant.
The plaintiff further pleaded that the defendant was never installed as a Mahant in accordance with the custom and usage of the Math, number had he been recognised is the Mahant of the Math by the brotherhood and the Chelas of the deceased.
The Prince examined the sanad granted by the King and reaffirmed the grant.
The defendant be directed to render true accounts.
In the year 1845 at the time of the revenue settlement when Bhagwan Das was the Mahant of the Math, the land revenue was assessed in respect of the entire endowed estate of the Temple at 50 per cent, while the remaining 50 per cent was declared as Muafi.
Bhagwan Das died in 1855.
defendant proclaimed himself to be the Mahant on the strength of the aforesaid Will and entered into possession and enjoyment of the entire trust properties, including the 2/3rd property obtained by him under the aforesaid Gift Deed, as Mahant.
The same entry was renewed in the settlement of 1888.
In 1526 A. D., Prince Mulla Hafismet the then Mahant Shri Mahesh Das.
came in the possession of late Mahant Raghubir Das.
It was further alleged that on February 4, 1957, the defendant had married the daughter of one Rameshwar Dayal and had as such, become a Patit, He had discontinued the performance of Sandhya, Article worship and forced the Sadhus to vacate the Temple.
The suit was companytested by the defendant, who, in his written statement, alleged that the trust was number a religious or charitable trust for the public so as to attract Section 92 of the CPC.
Raghubir Das, the.
The defendant is liable to be removed from the office of the Mahant.
225/ as.
The plaintiffs are entitled to get the relief of removal of the defendant from the office of Mahant and for appointment of a new Mahant in his place in accordance with the custom of the Math.
District Jalaun.
The defendant, further claimed that the properties of the Temple were private and he was an absolute owner thereof.
Swami Sewa Das accordingly installed an idol of Shri Thakurji Maharaj after companystructing a Temple there.
A new Mahant and Trustee be appointed in accordance with the custom and usage of the Math.
A scheme for proper administration of the endowed property companyforming to the custom and usage of the Math, be settled.
In 1843, the village came under the companytrol of the British Government, who resumed the Muafi of half of the village and fixed a sum of Rs.
Raghubir Das was the last Mahant of this Math, He died on January 23, 1955, leaving behind three Chelas, namely, Avadh Kishore Das, Ram Sewak Das and Keshav Das.
On the preceding facts, the plaintiffs claimed these reliefs The defendant be removed from the Mahantship of the endowed property.
the land revenue thereof, while the remaining half of the endowed property was companytinued as Muafi.
He was impressed by the learning of Swami Sewa Das as well as his austerity and personality.
However, after the war, the British Government duly recognised the endowment and in the settlement of 1869, declared the land of half of village Bahawalpura as Khalsa and the rest as Muafi.
Such elected Mahant is installed on the Gaddi by Rao Sahab Gopalpura in the presence of Mandleshwaras and Vairagis of the said four Maths by putting a Kanthi round his neck.
He traversed the allegations in the plaint and stated that Emperor Mohammad Shah had gifted 836 bighas of land to Swami Sewa Das for the companystruction of a house and a private temple which was eventually companystructed by the latter.
Against the decree of the District Court, the defendant carried a first appeal to the High Court.
On July 3, 1950, it is alleged, the defendant managed to get a registered will executed by Mahant Raghubir Das, whereby the latter numberinated the former as his successor and next Mahant of the Math.
The High Court upheld the findings of the Trial Court and dismissed the appeal.
The defendant further admitted that he had married, because the late Mahant had advised him to remain celibate till such time as he companyld afford to do so.
It was further pleaded that he was setting up a title adverse to the Math and the Temple and had got his name recorded as Bhumidhar in respect of the land belonging to the Temple.
It further directed that a new Mahant should be elected within four months from the date of its decree, by the Mandle shwaras in accordance with the custom and usage of the Institution and the Mahant so elected would be entitled to obtain possession of the Trust property from the defendant.
Issues were framed and evidence were led by the parties.
Hence, this appeal on certificate granted by the High Court.
The defendant is liable to render accounts for three years preceding the suit.
The plaintiffs are entitled to the relief of settlement of a Scheme for administration of the trust.
The position of the defendant, according to the plaintiff, is only that of a Trustee de son tort.
The King made a gift of 836 bighas of land as padaragh in the aforesaid village in favour of Swami Sewa Das, in trust for the specific purpose of companystructing and maintaining the Temple of Shri Thakurji Maharaj and for due celebrations or Raj Bhog, Puja, Arti, Utsav etc.
All the documents and Sanads granted from time to time were filed in those proceedings by Mahant Sunder Das in the Court of the Deputy Commissioner, Jhansi.
The defendant companytended that the marriage did number disqualify him.
Thereafter, the territory came under various Rulers from time to time, who also granted fresh sanads to the then Mahant of the Math.
In 1751, the village came within the dominion of the Gwalior Raj, which granted another Sanad in favour of the then Mahant Rattan Das in the year 1785.
The plaintiffs are entitled to get a direction requiring the defendant to deliver possession of the Trust property to the person duly appointed as Mahant.
But, thereafter, the War of Independence, also known as Mutiny of 1857 supervened.
The property was personal and secular property of Swami Sewa Das and it had descended from Mahant to Chela one after another till it.
Sometime in the 14th century King Mohamad Shah was passing by that way.
His hermitage was in village Bahawalpura, Pargana Konch.
The founder of the endowment or trust was one Swami Sewa Das, who was a hermit of a very high Order be longing to Rihang Vaishnava Sampraday.
Was the first Mahant of the Math thus established.
S. Sarkaria, J. The plaintiffs respondents 1 to 3 instituted a suit in the Court of District Judge, Jhansi, under Section 92 of the CPC, against Avadh Kishore Dass, defendant appellant herein, inter alia, on the ground that there was a public religious endowment of companysiderable area of land in Village Baha walpura, District Jalaun U.P. in favour of the Temple of Shri Thakur Ram Jankiji Maharaj also known as Shri Thakurji Maharaj.
