TULASIRAM DAS Vs. RAMPRASANNA DAS

JUDGEMENT

(1.) THIS is an appeal by defendant 1 against the judgment of the Subordinate Judge, Cuttack declaring the plaintiff's right to succeed to the Mahantship of the Katarpa Math, siftuated in thedistrict of Cuttack, of which the last Mahant wasone Ram Narayan Das. The appellant Tulsiram Das is the son of Mahant Ram Narayan Das by his second wife, Tulsi Dibya, the plaintiff beingthe son of Raja Ram the deceased son of Ram Narayan by his first wife.

(2.) THE plaintiff alleges in his plaint that the Math at Katarpa was founded by one Lalu Das, a Gruhasth Brahmin Vaishnab and that devolution of the succession to the office of Mahant in that Math is governed by the rule of lineal primogeniture. The plaintiff further avers that, in accordance with the direction of the original founder Lalu Das the Mahantship has descended to the eldest male line all along. The plaintiff being an issue of Ram Narayan by his eldest son, claims the headship of the Math as of right according to the rule of primogeniture prevailing in the institution which is admittedly a Vaishnab Mourasi Math of the Sri Sampradaya Sect. The Late Mahant Ram Narayan Das executed a registered deed dated 23 -11 -1945 appointing the appellant as his successor and Mahant, but this document was challenged as having been brought about by undue influence exercised by Tulsi Dibya who is described by the plaintiff as the mistress of the late Mahant Ram Narayan Das. The plaintiff accordingly challenges the right of the late Mahant to divert the rule of succession by nominating his illegitimate son. He therefore prays for a declaration, in para 17 of the plaint, that (a) "he is the rightful successor to the Mahantship and the sebait marfatdari right of the Katarpa Math as the eldest son, according to the rule of primogeniture prevailing at the institution of the Mourasi Math and defendant 1 is not eligible to be the Mahant of the said Math." He further prays that (b) "it be declared that the late Mahant, Ram Narayan Das was not competent to change the line of succession by appointing defendant 1 as his successor, (c) it be declared that the deed of appointment executed by the late Mahant on 23 -11 -1945 in favour of defendant 1 is illegal and invalid as having been brought about under undue influence of defendant 1 and his mother and not binding against the plaintiff and the math, and (d) it be declared that the plaintiff is entitled to recover the Math and all devottar properties appertaining thereto as described below as the sebait -marfatdar and he be put in possession thereof through Court by evicting defendants 2 to 5."

(3.) THE plaintiff says that he was given 'Kanthi' and 'Siropa' at an assemblage of Mahants and Adhikaris on 29 -11 -1947, and that a document was written and signed by the principal Mahants and Adhikaris recording this fact. This took place on the 13th day of the death of Ram Narayan who admittedly died on 16 -11 -1947. The defendant, on the other hand, asserts that he assumed charge of the endowment and was installed as Mahant a few days prior to the death of his father, in the presence of the principal Mahants and Adhikaris of the Sri Sampradaya Sect and took charge of the gaddi. The defendant applied to the Commissioner of Hindu Religious Endowments, Orissa, for being recognised as the Mahant and the Commissioner appointed him, along with defendants 3 to 6, as associate interim -trustees. These associate trustees who are arrayed as defendants 3 to 6 also filed a written statement denying the existence of the custom of primogeniture as alleged by the plaintiff and pleaded that defendant 1 was the legitimate son of the late Ram Narayan Das.