MAHAVEERDAS SHASTRI Vs. SADGURU SEVA SANGH

JUDGEMENT

(1.) FEELING aggrieved by the judgment and decree dated 5th July, 1993 passed by the learned District Judge, Satna in Civil Suit No. 51 -A/87, dismissing his suit, the plaintiff has preferred this appeal under Section 96 of the Code of Civil Procedure, 1908.

(2.) IN brief, the case of plaintiff is that Mahant Ranchhor Das Jee (hereinafter referred to as 'mahant Ji'), Janki Kund, Chitrakut, District Satna gave Tilak and Kanthi to the plaintiff and accepted him as his "vairagi Chela" in presence of certain saints and hence, the plaintiff became Vairagi Chela of Mahant Ji and to bring him up to the mark the plaintiff was sent to Varanasi Vishwa Vidyalaya, Varanasi where he was educated and passed different examinations. After passing matriculation examination the plaintiff took admission in Kashi Vidyapcctha for his education of Shastri (B. A. Standard) which he passed in the year 1975, thereafter he passed M. A. Degree in the year 1978 from Kashi Vidyapeetha, Varanasi. According to the plaintiff, he is a well educated and highly qualified Chela amongst all the Chclas of Mahant Ji and according to him Mahant Ji loved and graced him most.

(3.) ACCORDING to the plaint averments as the plaintiff was the most qualified and beloved Chela of Mahant Ji, looking to his efficiency, capability of managing the affairs, Mahant Ranchhor Dasji executed a "will" in his favour on 14th October, 1969 stating in the document of the 'will' that he would inherit the entire property shown in the Schedules A, B, C, D, E, F, G (hereinafter referred to as 'the disputed property') along with the plaint and would have control to protect them and to manage the affairs of three institutions, namely, Shri Raghuvir Mandir, Janki Kund, Chitrakut, District Satna; Registered Institution of Shri Manav Rahat Mandal, Bombay; and Registered Institution Shri Sadguru Seva Sangh, Indore, after the death of Mahant Ji. As per the plaint, Mahant Ji further stated in the 'will' that he is the founder and controller of all the aforesaid institutions, and the disputed properties and also looking after and managing the affairs of all the institutions and properties. As Mahant Ji had become weak on account of his old age as such he had an intention, strong desire and Will that the entire property should vest in the plaintiff and accordingly the properties mentioned in the 'will' were bequeathed to him including the administration and management of those properties. As per pleadings, none of the other Chelas would inherit the property of Mahant Ji and would not be entitled to control and manage the affairs of the above said three institutions and properties.