JAGATGURU SHANKERACHARYA JYOTISHPEETH SHRI SWAMI SHANTANAND SARASWATI ADHISHWAR Vs. SWAMI SWARUPANAND SARASWATI

JUDGEMENT

(1.) THIS is an application under section 22 read with section 23 of the Code of Civil Procedure for transfer of Civil Suit No. 1-A of 1974 from the Court of District Judge, Seoni, in Madhya Pradesh, to any Court of competent jurisdiction at Allahabad in Uttar Pradesh.

(2.) THE suit relates to a Jyotish Peeth, its management and its property. The plaintiff (non-applicant No. 1) claims to be a lawfully installed Shankara charya as a successor to Swami Krishna Bodhashram. The applicant, who is managing the affairs since 1953, the plaintiff says, could not be lawfully appointed as Shankaracharya because he was not a man of requisite learning; that his succession under the alleged will of late Shankaracharya Swami brahmanand was invalid; that Swami Krishna Bodhashram was the person selected by the Pandits of the Vidwat Parishad to succeed to the Office on the death of Swami Brahmanand and on his death the plaintiff succeeds. The plaintiff claims in the suit declaration of his title to the Office of Shankaracharya, possession of the property as per Schedule 'a' of the plaint and an injunction restraining the applicant (defendant No. 1) from interfering with his management. The defendants 2 to 4 are the persons who were shown in the alleged will of Swami Brahmanand to be his disciples in addition to the defendant No. 1, for succession to the Office of Shankaracharya in the order of preference.

(3.) THOUGH the dispute as to succession did not reach the Supreme Court as a direct issue, the dispute reached their Lordships in a different context. On the death of Swami Brahmanand on 20th May, 1953, his will was published on the 8th of June, 1953. Swami Brahmanand had nominated, as aforesaid, a panel of four persons in order of preference to succeed him as head of the jyotish Peeth. The first choice was for Swami Shantanand Saraswati (the applicant here ). On June 12th, the applicant was installed as Shankaracharya. He took over possession and management of the Math properties.