RAMABALLAV DAS Vs. DHYAN CHANDRA DAS

JUDGEMENT

(1.) THIS second appeal is directed against the judgment dated 20.09.1991 passed by the Learned 2nd Addl. District Judge, Puri in Title Appeal No. 33/88 of 1990 confirming the judgment dated 31.8.1990 passed by Learned Subordinate Judge, Puri in Title Suit No. 120 of 1988.

(2.) THE Respondent as Plaintiff filed the above noted suit with the following pleadings:

(3.) SEVERAL issues were framed and the parties adduced oral and documentary evidence. On consideration of those evidence Learned Trial Court held that there was a valid nomination and testamentary disposition in favour of the Plaintiff by the last reigning Mahanta late Goura Govinda Das Goswami and that at no point of time the nomination was either expressly or impliedly revoked. Learned Trial Court, however, decided the issue nos. 3 and 6 against the Plaintiff by holding that the Plaintiff is the Chella of Mahanta Biswambar Das Goswami and that he has acted beyond the norms of moral ethics of an ascetic. On these findings Learned Trial Court decreed the suit, declared the Plaintiff as a hereditary trustee Mahanta of the Math and dismissed the counter claim of the Defendant. The Defendant carried appeal but the Learned Appellate Court also concurred with the findings of the Learned Trial Court on all the issues except the issue No. 3. So far as issue No. 3 is concerned, Learned first Appellate Court held that the Plaintiff was no doubt initially a Chella of Biswambar Dos Goswami, but he was later on inducted as Sadhak Sisya (practicing disciple) of late Goura Govinda Dos Goswami. Accordingly, the appeal was dismissed. Not being satisfied with the concurrent findings of the Courts below, the Defendant -Appellant has filed the present appeal.