MAHANT BASANT KUMAR GIRI Vs. JAGRUP GIRI

JUDGEMENT

(1.) TARUN Agarwala, J. The plaintiff filed a suit for a declaration alleging that there is Chandreshwar Nath Math in Ballia which has a lot of properties and temples within and outside the math. The mahant looks after the math and its properties. The last mahant was one Narwadeshwar Giri, who died on 18. 9. 1964. The plaintiff alleged that the mahantship of the math is given to the chela appointed by the mahant, as per the customs and according to Hindu Dharmshastra. The plaintiff contended that Narwadeshwar Giri initiated the plaintiff as his chefa 37-38 years ago and that a proper ceremony was performed. Since then, the plaintiff was performing the pooja, etc. in the math. On the death of Narwadeshwar Giri, the plaintiff performed the last rites, and thereafter, succeeded as the mahant and started managing the math and its properties. The plaintiff alleged that the defendant No. 1, Ramagya Giri was inimical to the plaintiff and had set up several persons to usurp the property of the math. The defendant, Ramagya Giri filed Suit No. 32 of 1972. So far as the defendant No. 2 was concerned, the plaintiff alleged that he also started claiming to be the chela of Narwadeshwar Giri and also started claiming to be the mahant of the said math and filed O. S. No. 92 of 1974 which was also dismissed on 3. 7. 1991. The plaintiff alleged that Basant Kumar Giri, defendant No. 1 started interfering in the possession and management of the math of the plaintiff with effect from 24. 7. 1984. The said defendant alleged that he was the chela of Ramagya Giri and was entitled to become the mahant of the math. Consequently, the plaintiff filed a suit for a declaration praying that he should be declared to be the chela of Narwadeshwar Giri and that he was in possession over the math and its properties. The plaintiff, in the alternative, also prayed that in the event, he was found to be out of possession, he may be given possession after evicting the defendants.

(2.) THE defendant No. 1, Basant Kumar Giri resisted the suit alleging that he is the chela of Ramagya Giri and is in possession of the math and its properties. The plaintiff denied that the plaintiff was the chela of Narwadeshwar Giri and denied that the last rites of Narwadeshwar Giri was performed by the plaintiff. THE said defendant contended that Ramagya Giri was the chela of Narwadeshwar Giri and upon the death of Narwadeshwar Giri, he became the mahant and came in possession of the properties of the math. The defendant further contended that Ramagya Giri died in 1978, and thereafter, his uncle (Mama), Kailash Giri was managing the property on his behalf and that upon attaining the age of 18 years, the defendant took over the charge of the management of the math, as the mahant. The defendant further claimed that the suit was barred by time.

(3.) AGGRIEVED by the aforesaid decree, the defendant No. 1 filed an appeal which was also dismissed. The appellate court confirmed the findings of the trial court and held that the plaintiff was the chela of Narwadeshwar Giri and that the chela ceremony was duly proved by the plaintiff and by the witnesses. The lower appellate court further found that the plaintiff was in possession of the majority of the properties of the math and that the name of Ramagya Giri was entered in the revenue records on the basis of a collusive suit No. 45 of 1972 filed by Ramagya Giri against the Gaon Sabha, in which the plaintiff was not a party. The lower appellate court observed that the suit was filed on 12. 2. 1972 and was decreed on 18. 2. 1972 within a week. The lower appellate court further found that till 1971, Ramagya Giri was never in the picture and was not in possession of the properties of the math nor was he the mahant of the math and that Ramagya Giri filed Suit No. 32 of 1972 against the plaintiff which was dismissed on 3. 1. 1977. The lower appellate court further found that the plaintiff had only stated that only a small portion of the property of the math was taken by Ramagya Giri through a collusive decree. The lower appellate court further found that no evidence had been filed to show that defendant No. 1 was initiated as a chela of Ramagya Giri. The lower appellate court further held that Basant Kumar was the grandson of Ramagya Giri and that Ramagya Giri had not severed his relationship with his family members, consequently he was never a sanyosi.