AVADH KISHORE DAS Vs. RAM GOPAL

JUDGEMENT

(1.) The plaintiffs-respondents 1 to 3 instituted a suit in the Court of District Judge, Jhansi, under Section 92 of the Code of Civil Procedure, against Avadh Kishore Dass, defendant-appellant herein, inter alia, on the ground that there was a public religious endowment of considerable area of land in Village Bahawalpura, District Jalaun (U. P.) in favour of the Temple of Shri Thakur Ram Jankiji Maharaj also known as Shri Thakurji Maharaj.

(2.) The founder of the endowment or trust was one Swami Sewa Das, who was a hermit of a very high order belonging to Rihang Vaishnava Sampraday. He had a large number of followers. His hermitage was in village Bahawalpura, Pargana Konch. District Jalaun. Sometime in the 14th century King Mohamad Shah was passing by that way. He was impressed by the learning of Swami Sewa Das as well as his austerity and personality. The King made a gift of 836 bighas of land as padaragh in the aforesaid village in favour of Swami Sewa Das, in trust for the specific purpose of constructing and maintaining the Temple of Shri Thakurji Maharaj and for due celebrations or Raj Bhog, Puja, Arti, Utsav etc. of the said Thakurji Maharaj. Swami Sewa Das accordingly installed an idol of Shri Thakurji Maharaj after constructing a Temple there. He spent the income of the endowed property for religious purposes such as sewa-puja of the idol and for maintenance of Sadhus of Nihang Vaishanaua Vairagi of Rama Nandi Sampradaya. He was the first Mahant of the Math thus established.

(3.) In 1526 A. D., Prince Mulla Hafis met the then Mahant Shri Mahesh Das. The Prince examined the sanad granted by the King and reaffirmed the grant. Thereafter, the territory came under various Rulers from time to time, who also granted fresh sanads to the then Mahant of the Math.