GORAKH GIRI Vs. RAM CHANDRA KUER ALIASSINCE DECEASEDALIAS

JUDGEMENT

(1.) B. K. Rathi, J. This second appeal is against the judgment and decree dated 2-12-1981 passed in Civil Appeal No. 20 of 1979 by Vth Additional District Judge, Ballia. The facts giving rise to this appeal are as follows:

(2.) THE Suit No. 36 of 1973 was filed by the respondents in the Court of Civil Judge, Ballia for declaration and injunction. THE case of the plaintiff-respondents is that there is math in the village mauza Bairia, Pargana Deaba, District Ballia which belong to Dasnami Shankara Charya Sampardaya. THE owner of the math is Lord Srinath Jee, who is installed in the building of the math. According to the directions of Dasnami Shankara Charya Sampardaya every mahant should belong to duiz vansh. THE math is the chartiable and religious trust and its entire property is endowed and dedicated. THE mahant of the math manages the property for and on behalf of Srinath Jee as sarbarakar.

(3.) THE proceedings under Section 145 Cr. P. C. also started. THErefore, the plaintiffs filed a suit for declaration that they are sarvarakar of the math and for injunction to restrain the appellant from interfering in their working as mahant of the math.