MUKUNDJI MAHRAJ Vs. PERSOTAM LALJI MAHRAJ

JUDGEMENT

(1.) This is a plaintiff's appeal arising out of a suit for a declaration that proceedings in Suits Nos. 503 of 1928 and 138 of 1930 and 66 of 1937 do not bind the plaintiff and that the plaintiff may be awarded possession over the property in dispute. The plaintiff is an idol Sri Thakur Mukundji Maharaj, installed in a temple, situate in mohalla Bengali Gnat in the city of Mathura. The idol sues through its next friend Surra Chaube who claims to be its Manager. The defendant is one Goswami Purshottam Lalji who is the purchaser at auction of half of the temple in which the plaintiff idol is installed. The property in dispute is this half portion of the temple which has been taken possession of by the defendant in the following circumstances.

(2.) The plaintiff idol was under the Shebaitship of one Mahant Bhagwat Das who was a follower of the Vaishnavite Ramanandi Sampradaya. Earlier history of the shebaits of the idol is not known. But it is common ground that the Shebaits had been Bairagis, that is to say, Vaishnavites who had renounced the world. Mahant, Bhagwat Das made a will on 11-9-1922, which was duly registered and by which he nominated Narsingh Das to succeed him as Mahant and appointed five trustees to look after the management of the idol's properties.

(3.) Bhagwat pas died in 1923 and Narsingh Das, as provided in the will, became the Manager of the temple and its property. Narsingh Das borrowed a sum of Rs. 380/- under a promissory note executed by him from one Mathura Dass Thackersay, belonging to Ballabhkul Sampradaya. It was mentioned in the promissory note that the amount was needed for the purpose of ragbhog expenses of the idol.