BRAHMA NAND PURI Vs. NELD PURI SINCE DECESED

JUDGEMENT

(1.) The tenability of the appellant's 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 the Punjab.

(2.) The appellant claimed the properties as the successor of the last Mahant of the Dera Kishan Puri who died on February 15, 1951. The fortunes of the litigation started by the appellant have greatly fluctuated. His suit was decreed by the learned trial Judge, was dismissed by the first appellate Court, was again decreed by a learned single Judges 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. On a certificate of fitness granted by the High Court the matter is now before us.

(3.) The last Mahant of this Dera-Kishan Puri died on February 15, 1951. Immediately on his death disputes seem to, have arisen as regards the succession to the Dera. Neki Puri the original respondent in this appeal (now 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 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 intering 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. 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 not maintainable and was, therefore, dismissed. 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. An appeal against this judgment was dismissed and that decree has now become final.