KASHI MATH SAMSTHAN Vs. SRIMAD SUDHINDRA THIRTHA

JUDGEMENT

(1.) A disciple of the Matadhipathi of a Mutt having hoary past dragged his own mentor to a seamless litigation claiming the latters gaddi. Being unsuccessful in the suit, he has landed up before this Court to chance his arm. The manner in which the supposedly ascetic and purported renouncer of the world is fighting legal battle against his own guru leaves every bystander wondering whether such persons are also not free from the cravings for positions like ordinary mortals. The background leading to this unsavory litigation, reflected from the pleadings of the parties is recounted hereunder.

(2.) GOWDA Saraswatha Brahmana Community, which was believed to have lived near Saraswathi River, came to inhabit predominantly in the west coast of India, extending from Bombay in the north to Kerala in the south, through Goa and Kanara districts (North and South), though a sizeable number of the members reside in other places like Bangalore, Mysore, Coimbatore, Ahmedabad, Chennai, Baroda, New Delhi etc. The community had a glorious past with distinct culture of its own. The members of this community owe allegiance to one or the other of the following Mathas: (i) Shri Kashi Matha Samsthan (ii)Shri Gokarna Parthagali Jeevottama Matha Samsthan, and (iii) Shri Kaivalya Matha Samsthan

(3.) THIS case is concerned with Shri Kashi Matha Samsthan (for short, the Mutt). The Mutt was founded with its headquarters at Varanasi having various branches all over the country. As per the History of Shri Kashi Matha Samsthan authored by Professor V.A. Shenai, portions of which have been marked as Ex.A.186 to A.189, Shrimad Yadavendra Thirtha was the first Swamiji of Shri Kashi Matha Samsthan. The Mutt Bhavan was built by the Kochi Gowda Sarasvata Brahmanas around A.D. 1540. The contents of this book show that the Mutt was founded in the 16th century. As per this book, defendant No.1 is the 20th head of Shri Kashi Matha Samsthan. Before his initiation into sanyasa, he was known as Shri Sadashiva Shenoy, son of Shri Ramadasa Shenoy, a trustee of Shri Venkataramana temple in Ernakulam. He was born at Ernakulam on 31st March, 1926. He completed his Pre -University education in Maharajas College, Ernakulam and selected Natural Science, Physics and Chemistry as the main subjects. He was initiated into sanyasa by Shri Shukritheendra Swamiji on 24.5.1944 when the Swamiji was camping at Ernakulam. Defendant No.1 was made Master of Sanskrit, Bhagavadgeeta, Upanishads and other Dharma Shastras and he has taken the reigns of Shri Kashi Matha Samsthan after its Matadhipathi Shri Sukriteendra Swamiji passed away in 1949 .