Appeal by certificate from the judgment and decree dated September 21, 1970 of the Andhra Pradesh High Court in A.S. No.
The Judgment of the Court was delivered by.
B 8, Sri Narayanadasjee Varu became the Mohunt and after him, the office was to devolve on Chetandoss and after Chetandoss on a senior disciple of Narayandasjee Varu.
In that suit he claimed for declaration of his title to the office of the mohunt with all the properties that are attached to that office as well as an injunction against Rajendra Ram Doss Jee Varu restraining him from interfering with the affairs of the Mutt.
R. Chowdhary and K. Rajendra Chowdhary, for the res pondent.
Rajendra Ram Doss claimed to be the mohunt in terms of the two agreements we have referred to just number and also by virtue of his being the only surviving disciple of Narayanadasjee Varu.
Chetandos claimed to be the mohunt under the terms of Ex.
The High Court found on facts that Narayan Doss was number a North Indian Brahmin and was, therefore, number entitled to being companysidered as a possible successor to the office of the mohunt.
It was companytended by each party before the learned subordinate Judge that the other party was number a North Indian Brahmin.
Sri Narayanadasjee Varu and Sri Chetandossjee Varu.
The dispute appears to have been resolved by the intervention of what is described as the Supreme Council of Mohunts viz the Akada Panchayat.
B 8 while Sri Rajendra Ram Doss Jee Varu the present appellant before us claimed the office by virtue of his status as a senior disciple of Narayanadasjee Varu.
Rajendra Ram Doss Jee Varu filed a suit to establish his right.
This appeal by certificate from a judgment of the High Court of Andhra Pradesh arises out of a dispute re garding the succession to the office of the spiritual head Mohunt of Sri Swami Hathiramjee Mutt, Tirumalai Tirupati.
At the time of the trial of the suit it both parties agreed about two propositions By immemorial custom and practice, upon the death of a mohunt his eldest or senior most disciple succeeds to the Gaddi and Only a North Indian Brahmin is entitled to be a mohunt.
Devendra Doss appealed against this judgment to the High Court.
MUKHERJEAJ.
C. Chagla, M. X. Cardoze, E. C. Agarwala and A.T.M. Sampath, for the appellant.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
Under this agreement Chetandoss was to succeed Narayanadasjee Varu and, after Chetandoss, the office was to go to Rajendra Ram Doss.
Very soon after this, however, on 18 March 1962 Chetandoss died.
Succession to the office of the Mohunt of the Mutt is admittedly regulated by custom which provides that upon the death of a mohunt his senior disciple becomes the next mohunt.
This is, however, subject to the companydition that the senior disciple must be a North Indian Brahmin.
The dispute and the suit were both settled by another agreement between Chetandoss and Rajendra Ram Doss Jee Varu the terms of which are to be found in Ex.
Devendra Doss Jee, the respondent in this appeal, however, put up a claim to the office of mohunt by virtue of his position as a senior disciple of the last reigning mohunt Chetanctoss.
He was, however, a minor at that time and a suit was filed on his behalf by his next friend Sri Mukundadas jee Varu, Mohunt of Bugga Mutt, Tirupati.
This became the occasion for yet another dispute about the succession to the office of the mohunt.
The facts out of which the appeal arises may be stated briefly.
407 N of 1971.
Under the terms of companypromise which are to be found in Ex.
Upon his death in 1947 there was a dispute about the succession to the office of Mohuat between two companytestants viz.
In 1947 Sri Prayagadasjee Varu was the Mohunt of the Mutt.
Narayandasjee Varu died in 1958 and there was again a dispute as to who would become the next mohunt.
476 of 1966.
