RAMKISHORE DAS GOSWAMI Vs. ANANTARAM DAS GOSWAMI

JUDGEMENT

(1.) DEFENDANT is the Appellant. Plaintiff -Respondent filed the suit for a declaration that the Defendant has no right to Mahantship of the suit muths and their properties and for an injunction restraining him from acting as Mahant.

(2.) THE case of the Plaintiff -Respondent is as follows:

(3.) THE trial Court decreed the Plaintiff's suit on the following findings: (1) Both the Plaintiff and Defendant were duly appointed chelas of late Mahant Raghavananda Das Goswami, Plaintiff being the senior chela initiated in 1941 and Defendant in 1947; (2) the right of nomination of a successor being an incidence of the office of a Mahant in a mourasi muth, the reigning Mahant can by a Will appoint a successor; (3) the senior chela has no right to inherit the office of Mahantship by virtue of his being the senior chela; (4) the Will (Ex. G) was executed by late Raghavananda when he was in a fit condition to know the nature of the document he was executing; (5) Raghavananda did not subsequently revoke the nomination under the Will; (6) Dharampur muth is not an independent and separate institution and Defendant has failed to prove any custom permitting partition of the office of Mahantship; (7) nomination of the Defendant under the Will is not valid as the same was not done in the interest and for the benefit of the suit muths, but the natural relationship of Defendant with the Mahant weighed heavily with the latter and while making the nomination, he virtually laboured under the idea of providing means for his nephew and also the terms amounted to a partition of the office of Mahantship; (a) Defendant's nomination being invalid, Plaintiff as senior chela is entitled to succeed to the Mahantship of the suit muths and (9) the alleged marriage of Plaintiff is not proved.