TRIPURA BHAIRAVI MUTT Vs. STATE OF KARNATAKA; LAND TRIBUNAL; BHISHMA PITAMAHA, S/O MANIRAM SHARMA AND ORS

JUDGEMENT

(1.) Petitioner K Krishna Mohananandagiri Goswamy representing the Tripura Bhairavi Mutt, has filed this petition to quash the order of the Land Tribunal, Nanjangud in LRF 94/76-77 on 14.9.2011.

(2.) According to the petitioner, the Mutt had filed an application in Form 11 under S.66 of the Karnataka Land Reforms Act relating to the lands held by it situate at Nanjangud, Mysore. The application was filed by the then Mahanth of the Mutt Sri P Krishnandagiri Goswamy. Before the matter could be taken up by the Tribunal for inquiry, during September, 1989, the said P Krishnandagiri Goswamy died, as such, petitioner claiming to be the Mahanth stating that he has succeeded the gaddi of the petitioner Mutt as successor to the late Mahanth and Peetha of the Mutt and that he has been installed as a Mahanth of the petitioner Mutt on 2.10.1989 and that his appointment as Mahanth has been recognised by the petitioner Mutt at Varanasi by the brotherhood sanyasis, mahanths and other brotherhood, filed an application. It is stated, the 3rd respondent who was a purvashrama bandu of deceased Mahanth took a main role in initiation and installation of the present Swamiji petitioner as the Mahanth of the Mysore Mutt and also signed the documents along with his son Kuldeep Prakash the 4th respondent - which is evidenced by annexure C and petitioner has taken over the possession of all the movable and immovable properties of the 1st petitioner mutt on 2.10.1989. it is further stated, P Krishnanandagiri Goswamy has been assessed to Wealth Tax in respect of the properties which were the subject matter of declaration as at annexure B along with other properties received by his predecessor Mahanth as belonging to P Krishnanandagiri Goswamy.

(3.) According to the petitioner, the said Mahanth has challenged this assessment before this Court and this Court, on consideration of the documents and evidence, ordered the Income Tax Appellate Tribunal, Bangalore to reconsider the matter and assess the properties of late Mahanth and accordingly, the Income Tax authorities have passed an order modifying the previous order, holding that the properties blended with the Mutt properties and that of the Mahanth's. Further it is stated, in MSA 89/1988, this Court has referred the issue, to hold an inquiry as to the legal heirs of the deceased Mahanth, to the II Munsiff at Mysore in OS 142/1983 who has recorded a finding that it is the present petitioner Krishna Mohananandagiri Goswamy who is the rightful heir of the deceased Mahanth. Based on the finding of the court below, this Court passed an order holding the petitioner to come on record as the legal heir of deceased Mahanth and negated the right of the 3rd respondent as per the order at annexure D. Similarly, in RFA 183/1980, matter was referred to the court below to hold an inquiry as to the legal heir of deceased P Krishnanandagiri Goswamy, and the finding is in favour of the petitioner Mahanth. In MFA 1919/1994 c/w 1616/1994, the same question arose regarding inheritance of the property left behind by the deceased Mahanth's brother and the 3rd respondent and it has been categorically held that the properties of Sanyasi cannot be inherited as prima facie the properties are impressed with the character of Mutt properties. It is further submitted, at an undisputed point of time, the deceased Mahanth P Krishnanandadagiri Goswamy had filed a declaration as per annexure F before the Revenue Inspector on 26.6.1973 that he has renounced all his worldly affairs and taken up sanyasa and as such, neither the 2nd respondent nor any member of his family or purvashrama bandhu could claim any right in the property of the petitioner Mutt in their capacity as purvarshrama bandhu or relative of the deceased Mahanth P Krishnanandgiri Goswamy. On the death of the previous swamiji, the properties that stood in his name also does not go to the purvashrama bandus but goes to the Mutt succeeded by his chela/disciple.