RANI DEVI (DEAD) THROUGH LRS.AND ANOTHER Vs. SRI 108 PUJYAPAD ADVAIT PANCH PARMESHWAR PANCHAYATI AKHARA BARA UDASEEN

JUDGEMENT

(1.) HEARD Sri Ashish Kumar Singh and Sri A.K. Gupta, learned Counsel for the appellant at length and Sri V.K.S. Choudhary, learned Senior Advocate assisted by Sri Amrendra Singh for the respondents.

(2.) THE dispute in the present second appeal is in respect of the properties left behind by the so called Mahant Bisheshwar Das who expired on 23.12.1975.

(3.) THE suit was instituted on the allegation that the plaintiff Panchayati Akhara represented by its mahant is a registered society under the Societies Registration Act. Late Bisheshwar Das was an "udaseen sadhu" and the chela of mahant Dhuni Das. He was a Mukami Mahant (stationed at one place) of the Panchayati Akhara and was its general secretary since 1954 which post he continuously held till his death. Since he was a sadhu, mahant of the Akhara and the Secretary of the society, all his properties are the properties of the Akhara. He had remained unmarried through his life as per the tenets and customs of the akhara, as such the defendants have no concern with the properties left behind by him. The defendant No. 1 is falsely claim­ing herself to be his wife, defendant No. 2 as his daughter and the defendant No. 3 as his 'nati' (daughter's son) on the basis of a succession certificate for which application for revocation has already been moved by the plaintiff. It was further contended that late Bisheshwar Das himself accepted the house in dispute with which he has no concern to be the property of the akhara vide registered deed dated 23.1.1961 executed by him.