In other words, he put forward a preferential title based on Chelaship followed by an appointment by the Bhekh and others.
Neki Puri the original respondent in this appeal number deceased claiming to be a Chela of the deceased Mahant appears to have entered into possession of the properties belonging to the Dera basing his title thereto on an appointment made to the office by the Bhekh and the people of the village.
The appellate Court reversed the finding of the trial Judge on the issue as to whether Neki Puri was a Chela of the deceased Mahant and held that he was.
Incidentally, however, evidence was recorded on an issue as to whether Neki Puri was a Chela of Kishan Puri the last Mahant and a finding was recorded on this question adverse to the claim of Neki Puri.
in the Written Statement that was filed by Neki Puri two defences were raised 1 that Neki Puri was a Chela and he had been appointed to succeed Kishan Puri by the Bhekh and other villagers.
Appeal from the judgment and decree dated July 13, 1960, of the Punjab High Court in L.P. Appeal No.
Naunit Lal, for the respondent number 1 a .
The Judgment of the Court was delivered by Ayyangar, J. The tenability of the appellants claim to possession of certain properties belonging to the Dera of Sanyasi Sadhus in Mauza Kharak Tahsil Hansi, District Hissar in Punjab is the subject matter of this appeal which is before us on a certificate of fitness granted by the High Court of Punjab.
4 Without recording a finding on the custom set up by the plaintiff in para 8 of the plaint the learned trial Judge held that under the law in the Punjab in the absence of a Chela, a Gurbhai was entitled to succeed to the Gaddi apart from any question of appointment by the Bhekh and on this reasoning decreed the plaintiffs suit.
An appeal against this judgment was dismissed and hat decree has number become final.
The suit for declaration and injunction having been dismissed, Bralima Nand Puri the appellant brought the suit out of which ,his appeal arises, in the Civil Court at Hissar for a decree for possession of the properties movable and immovable belongingto the Dera.
3 A definite finding was recorded that the plaintiff was number appointed by the Bhekh.,
The defendant went up in appeal to the Additional Sessions Judge.
The appellant nevertheless claiming to be in possession of the property as the successor of the deceased Kishan Puri by virtue of a title as the Gurbhai of the deceased, brought a suit for a declaration regarding his title and for an injunction restraining Neki Puri from interfering with his possession Neki Puri, as stated earlier, claimed that he was in possession of the properties and asserted a title to such possession by being a Chela who had been appointed by the Bhekh.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
A definite finding was also recorded on the basis of the evidence led by the defence that Neki Puri had been appointed to succeed the deceased Mahant by the Bhekh and the villagers.
Immediately on his death disputes seem to have arisen as regards the succession to the Dera.
C. Chatterjee, V. S. Sawhney, S. S. Khanduja and Ganpat Rai, for the appellant.
The fortunes of the litigation started by the appellant have greatly fluctuated.
On a certificate of fitness granted by the High Court the matter is number before us.
The appellant claimed the properties as the successor of the last Mahant of the Dera Kishan Puri who died on February 15, 1951.
813 of 1962.
An issue was raised in the suit as to whether it was the plaintiff or the defendant who was in possession of the properties and on a finding recorded that Neki Puri was in possession, the suit for a mere declaration and injunction was held to be number maintainable and was, therefore, dismissed.
58 of 1958.
It was held in the previous case that according to the Riwaj, in the absence of a Chela his deceased Mahants Gurbhai becomes Mahant of a Dera.
His suit was decreed by the learned trial Judge, was dismissed by the first appellate Court, was again decreed by a learned Single Judge of the Punjab High Court on second appeal but this judgment has again been reversed on Letters Patent appeal and the suit directed to be dismissed.
The last Mahant of this Dera Kishan Puri died on February 15, 1951.
