BABA KARTAR SINGH Vs. DAYAL DAS

JUDGEMENT

(1.) THIS is an appeal from a decree of the High Court at Allahabad, dated April 30, 1934, which varied a decree of the Court of the Subordinate Judge at Saharanpur dated April 29, 1929.

(2.) THE appeal arises out of a suit by the first respondent suing as the chela and successor under the terms of a will, for a declaration of his title and for possession and mesne profits of a certain immovable property, being a building situated in the Hindu Shrine of Hardwar, called, Haveli Buriawali and certain rooms or outhouses appertaining to it. It appears that there was a gift of this property at some ancient time to one Atma Ram who apparently held it as his own property. After his death, it went to his chela, Ashtabakar (it is not clear whether by will or by operation of law ). After him it descended to his gurubhai or brother disciple Dhian Das and after his death it again went to the latter's chela Kishen Das. During his lifetime, Kishen Das held and enjoyed the property as his private and personal property. He took one Saheb Das, an infant of about 2 1/2 years, as a chela. Kishen Das died in 1904, leaving Atar Kunwar (defendant No.1) as his widow. It is not clear from the proceedings what the exact relations of this lady were with Kishen Das, whether she was his lawfully wedded wife, or only a mistress, but in the view that their Lordships take of this case, this question is not material.

(3.) ON October 17, 1923, Atar Kunwar nominated the plaintiff, Dayal Das (respondent No.1) as a chela to Kishen Das, according to the terms of the will, but it appears that in spite of this nomination, she remained, as before, in possession and enjoyment of the said property. Thereafter disputes began to arise between the plaintiff Dayal Das and Atar Kunwar and it is sufficient to mention, without wading through the details of their quarrels, that Atar Kunwar eventually repudiated the appointment of the plaintiff as chela and on May 5, 1927, executed a deed of trust of the said property, by which she dedicated it to certain charitable uses, inter alia the opening and maintenance of a hospital, orphanage and for making provision for the residence and education of widows. She appointed defendants Nos. 2-10 trustees of the said deed and an advisory committee, consisting of defendants Nos. 11-16, giving the latter the power of making suggestions from time to time regarding the improvement of the objects and purposes of the said trust. The appellant before their Lordships is a member of this advisory committee.