MAHANT MADHAVDAS DEVADAS Vs. MATHURADAS MOKTA AND OTHERS

JUDGEMENT

(1.) The appellant by this appeal challenges the dismissal of his suit on certain preliminary points by Joint Civil Judge, Senior Division, Nagpur.

(2.) The preliminary issues which were tried by the learned Judge and on which the suit was decided are as follows:

(3.) The suit was initially initiated in 1956 under section 8(1) of the Madhya Pradesh Public Trusts Act, 1951 (for brevity 'the M.P. Act'). The plaintiff had applied for registration of the endowment concerned under section 4 of the M.P. Act. It appears that other defendants also had made similar applications. Each party claimed to be recorded as trustees. The Additional Deputy Commissioner, Nagpur, by order dated 20-3-1956 found that the endowment, namely, Balaji Mandir was a Matha and that one Bharatdas was the Mahant, that the mode of succession was by nomination of a Chela of the outgoing Mahant and that the Dharmashala was the property of Balaji Mandir. He directed to make the entries accordingly.