ADMINISTRATOR-GENERAL, U.P. Vs. SWAMI SHANTANAND SARASWATI

JUDGEMENT

(1.) THIS appeal under Chapter VIII, Rule 5 of the Rules of the Court has been preferred by the Administrator -General, U.P. against the judgment dated November 26, 1982 given in Testamentary Suit No. 1 of 1982. Suit No. 1 of 1982 had been filed by Swami Shantanand Saraswati for the grant of letters of Administration to the estate of the deceased Swami Bhagwatanand Saraswati, who died on September 1, 1976.

(2.) SWAMI Shantanand Saraswati claimed in his petition for Letters of Administration that January 24, 1954 Swami Bhagwatanand Sarswati was initiated as Sanyasi by him. Before taking Sanyas the deceased Swami Bhagwatanand Saraswati came in contact with Swami Shantanand Saraswati in 1952. He first left his family life and, thereafter, took religious discourses and, thereafter, was initiated as a Sanyasi after due performance of the religious ceremony. He continued to live as the Chela of the Respondent till his death on September 1, 1976. The respondent claimed that according to Hindu law, he was entitled to succeed the estate and assets left by deceased Swami Bhagwatanand Saraswati.

(3.) THE petition for grant was subsequently, contested by the Administrator General and upon contest being put in, the application was treated as a plaint of the suit. On behalf of the Administrator General a counter -affidavit was filed stating that the deceased Swami Bhagwatanand Saraswati had not been initiated by the respondent and as such, he could not claim the grant of Letters of Administration on that basis. The contention further was that the deceased Swami Bhagwatanand Saraswati was since a Sanyasi, he could not hold any property except books, sandles, clothes and it was further pleaded that the respondent, even if was the Guru having initiated the deceased Swami Bhagwatanand Saraswati, was not entitled to succeed the properties.