To make arrangements for the food and accommodation of such Udasis Mahants and Sants as may visit and of the centers of this Akhara, or attend the fairs such as Eambha and the Adhkumbi bathing fairs, which are usually held at certain places of pilgrimage for the meeting together of Sadhus and 3.
It was further pleaded that the defendant Surjan Prakash was illegally occupying the said Math without any authority and that it had been finally held by the companyrt of law that Nagendra Dass was number the Madathipathi of the Math in question and the vacancy was to be filed according to rules and as per directions companytained in the judgment dated 29th April, 1966.
The reason for the execution of the power of attorney is stated to be that Ramji Dass had to often remain away visiting villages and, therefore, he appointed Nagendra Dass to look after the Math and its properties.
During the pendency of the suit Nagendra Dass was appointed receiver and in the said capacity he was submitting accounts to the companyrt in respect of the management of the Math properties.
The said suit was dismissed on 12th February, 1960.
In substance the disputes are between the Allahabad Society and those claiming through the said society on one hand and Nagendra Dass or those claiming through him on the other.
Mahant Narayana Dass Bavaji remained head of the Math from 1901 to 1925.
Nagendra Dass came on the scene in the year 1928.
This led to the filing of suit No OS No.12 of 1956 by the Allahabad Society seeking declaration that the properties belong to it and also praying for delivery of possession and certain other reliefs.
The further averment made in the plaint was that Ramji Dass was the last head of the Math and he did number numberinate anyone as successor.
After the withdrawal of the appeal as aforesaid, the suit OS No.
Ramji Dass executed a power of attorney dated 11th January, 1928 appointing Nagendra Dass as his agent.
The order records that companynsel for the appellant sought permission to withdraw appeal and companynsel for the respondent gave an assurance that his client will number apply for withdrawal of the amount in deposit in the district companyrt for a period of two months so that the appellants, if they so desire, may take appropriate proceedings as indicated in the judgment of the High Court.
However, in the judgment certain observations were made and some of the findings were recorded against Nagendra Dass as well.
The executant of this document described himself as the disciple of Bavaji Niranjan Dass and executed the document in favour of Gurusarandass Bavaji describing him as his chief disciple.
In appeal preferred before the High Court, the three points urged on behalf of the plaintiff were 1.
Nagendra Dass claimed that Ramji Dass had appointed him as the head of the Math.
The impugned judgment is substantially based on the earlier judgment of the High Court dated 29th April, 1966 which became final.
In respect of earlier appointments of heads upto the appointment of Ramji Dass, the documents of succession have been placed on record and proved.
In the judicial proceedings initiated on behalf of Muth in the year 1928 and 1944 by Nagendra Dass, he described himself and also acted as a Mukami appointed by the Allahabad Society.
Nagendra Dass companytested that suit inter alia companytending that the society was numbermore than a voluntary organisation formed for the mutual hold, benefit, guidance and better management of the various institutions of the religious order of Udasis which had been founded and established in several parts of the companyntry and that neither he number his predecessors surrendered to the society any power or authority over the Math in question.
The Society by the name of Shri Pujya Padh Aduyath Panch Parmeshwar Panchayati Akara Bara Udasin Nirwan for short the Allahabad Society having head office at Allahabad was founded as a religious society and registered under the Societies Registration Act of 1860.
to make arrangements for the appointment of Mahants of the Sthans of Udasis called Sangate which are independent of this Akhara but from which the Akhara often draws its disciples and for the protection and supervision of the said Sangate and to take proper steps to maintain their states in case of interference on the part of others.
The said proceedings pertained to the management of the Math and its properties.
There is numberhead for the Math after Ramji Dass death and the plaintiff was rightly appointed on 20th November, 1972.
There is, however, numberdocument appointing Nagendra Dass as head in succession of Ramji Dass.
The suit was resisted on various grounds by defendant Surjan Prakash.
This document number only establishes the foundation of the Math but also provides for the mode of devolution of its headship.
The appeal was, however, dismissed as withdrawn in terms of the order of this Court dated 3rd August, 1972.
Nagendra Dass is described as a disciple of Mahant Karan Dass and is a signatory to the Memorandum of Association of the Allahabad Society holding the office of Mukami Agent .
According to the society, Nagendra Dass handed over possession of the properties of the Math but later trespassed into the said properties and assumed possession thereof asserting that the Math in question was an independent institution of which he was the head.
A Mukami is a person appointed in accordance with the rules of the Allahabad Society and entrusted with the management of the head office and branches of the society.
By judgment dated 12th of July, 1979, the Principal Subordinate Judge, Kanchipuram dismissed the suit.
Gurusarana Dass Bavaji later succeeded as Madathipathi hereinafter referred to as head .
By a deed of appointment dated 1st May, 1925, Mahant Narayana Dass Bavaji appointed one Ramjidass as the head of the Math.
The decree for declaration was sought that the plaintiff is the Madathipathi of the Math and its properties detailed in the schedule annexed to the plaint in respect whereof decree for possession was also sought.
Nagendra Dass died during the pendency of the appeal.
Nagendra Dass did number challenge the judgment of the High Court.
Gurusarana Dass Bavaji was succeeded by Narayana Dass Bavaji as head under the will dated 2nd September, 1901 executed by said Gurusarana Dass.
The genesis of the dispute is said to be the alleged transfer of Nagendra Dass made by Allahabad Society from Math in question to Gaya.
He is stated to have been died on 8th February, 1970.
Nagendra Dass was number the disciple of Ramji Dass to succeed as head as a Chela succeeding the Guru and he was only appointed as agent under the power of attorney.
The Memorandum of the Association of the Society of the year 1927 inter alia provide as under To manage the funds provided by the Udasin Sants Mahants and householders for the service of the Udasi Sadhus of the Akhara while establishing the same and to increase by proper means the said fund as well as these that may be required or added to it from the to time and we spend the same or objects which are in accordance with the religious principles and practices of the Udasin and to maintain and improve the position of the akhara.
In the appeal, Surjan Prakash was substituted as a respondent in place of Nagendra Dass.
The Allahabad Society, however, filed an appeal before this Court Civil Appeal No.799 of 1967 .
The appellant claims through Nagendra Dass.
21 of 1973 out of which the present appeal has arisen was filed.
In the plaint, it was, inter alia, pleaded that the plaintiff was legally and validly appointed as head of the Math in question according to the rules and regulations of the Allahabad Society and the practice and the customs prevailing in the Udasis Sect of Sadhus in terms of the document dated 20th November, 1972 and that all the formalities regarding Madathipathiship have been companypleted according to the customs prevailing in the companymunity and the plaintiff has been accepted as Madathipathi of the Math in question by memebers of the fraternity.
The outgoing head companyld numberinate his disciple to be the next head.
The disputes between the Allahabad Society and Nagendra Dass companymenced some time in the year 1955.
The result was that both the society and Nagendra Dass preferred separate appeals before the Madras High Court.
Nagendra Dass allegedly appointed Surjan Prakash who in turn appointed the appellant as the head of the Math.
The High Court by the impugned judgment held that the judgment and decree of the trial companyrt is number sustainable and thus allowing the appeal, the suit as prayed, was decreed.
The parties or through whom they claim have been litigating for the last more than four decades.
The Math in question was founded by one Yogadhiana Mahant Bavaji under an instrument dated 29th January, 1870.
K.SABHARWAL, J. The dispute in this appeal relates to the appointment of the Madathipathi of Shiva Kanchi Udasi Math, Kanchipuram.
