MATH SAUNA Vs. KEDAR NATH ALIAS UMA SHANKAR

JUDGEMENT

(1.) This appeal arises on a certificate under sub-cl. (b) clause (1) of Article 133 of the Constitution granted by the Allahabad High Court against its judgment and decree dated April 21, 1969 disposing of appeals out of a suit for declaration and possession.

(2.) The plaintiffs filed a suit claiming that the property in dispute belonged to the Math Sauna or the deity Sri Thakur Gokarneshwar Mahadeo Ji installed in the Math Sauna temple, and that Mahant Sadashiva Yati was in possession as Mahant and Sarbarakar. It was claimed that in the event of Mahant Sadashiva Yati being found out of possession a decree for possession should be made. Sadashiv Yati pleaded that on the death of Mahant Shivshanker Yati he was elected Mahant of Math Sauna and was therefore, entitled as Sarbarakar to all the properties recorded in the name of the deity Mahadeo Ji or in the name of Mahant Shivshanker Yati. These properties included properties in village, Amauli. He asserted that Shivshanker Yati possessed no personal property. The suit was contested by the first defendant, Kedar Nath Chaubey, also referred to as Uma Shankar Yati. He alleged that Mahant Shivshanker Yati owned personal properties which includsed the properties in village Amauli, that he was the chela of Mahant Shivshanker Yati and the Amauli properties had passed to him under a will executed by the Mahant. We are concerned in this appeal solely with the Amauli properties.

(3.) Math Sauna is an old Math situated in the village of that name in Tehsil Saidpur in the district of Ghazipur. One of the earliest Mahants of the Math Mahant Gokaran Yati, raised a temple in the premises of the Math and installed a deity acclaimed by the name of "Gokarneshwar Mahadeo". On his death he was succeeded by Mahant Shivbaran Yati, who executed a waqf deed on November 12, 1892 dedicating various properties to the deity with the intent that arrangements for bhog, deepdan and other expenses be met from them. The surplus, the deed directed, was to be employed for acquiring further property in the name of the deity and was not to be applied by the Sarbarakar to his personal use.