TEK RAM Vs. MANGE GIR MAHANT

JUDGEMENT

(1.) Three appeals are being disposed of vide this judgment as the dispute relates to the same institution and its property. R.F.A. No. 1657 of 1979 has arisen out the suit brought by worshippers under section 92 of the Code of Civil Procedure for removal of Mange Gir, Mahant of Dera Baba Gujraj Gir, Pokerkheri and for reparation of a scheme for management of the Trust properties. This suit was dismissed by the trial Court holding that it was not proved that the institution was public Trust. Another suit was brought by the idol through Mahant Kristian Gir of Gaddi Dera Balak for recovery of possession of the institution and its properties. This suit was decreed and the appeal also failed. R.S.A. No 2321 of 1986 has been filed by the defendants. Another -suit was brought by Mange Gir, aforesaid Mahant, against Krishan Gir. This suit was for declaration as well as for injunction which was decreed by the trial Court but dismissed by the lower appellate Court. The plaintiff is in appeal in R.S.A. No. 2370 of 1986. In all these cases, the question involved is about the nature of the alleged Trust, as to whether the same was public religious and charitable Trust or not and the properties now recorded in the revenue records in the personal name of the Mahant to be properties of the Trust or his private-properties as the Mahant had alienated some of the properties on permanent basis (permanent lease). It is on that account that worshippers had to file the suit for his removal and the other suit was brought in the name of the idol for recovery of the possession challenging those allegations. In the third suit, as stated above, Mange Gir claimed the property to be his personal property. Mange Gir died during the pendency of the appeal. His legal representative-Chela which fact is disputed, was brought on the record. In Regular First Appeal also an application has been filed for impleading Mahant Krishan Gir (C.M. No 701-Cl of 1981) which is allowed so that the dispute relating to the state of Mange Gir, if any, be properly adjudicated.

(2.) I have heard counsel for the parties and gone through the records of the case. Broad facts given from the file of R.F.A. No. 1657 of 1979. Tek Ram and others, on their own behalf and on behalf of others having interest in the Trust in the Trust Dera Gujraj Gir, Pokerkheri, filed this suit for removal of Mange Gir from Mahantship of the Dera. They also prayed for appointment of another Trustee and for rendering of the accounts by Mange Gir who was impleaded as defendant No. 1. Hoshiara and others defendants Nos. 2 to 6, were impleaded as parties as some property had been alienated by Mange Gir in their favour. Dera Baba Gujraj Gir in village Pokerkhri was stated to be a very old and sacred endowment since times immemorial. There is a holy tank known as Pushkarjee (Pokhar) on the outskirts of the village. Religious efficacy is attached for taking dip in this tank on Chaudas Sudi and Puranmasi of every month. Temples of Shivjee and Hanumanjee exist on its banks. There is Akhara and Smadh along with the temple in one compound which is surrounded by a wall. There is also a majestic and spacious building known as Assar meant for the Mahants, Saints and Sadbus and other religious persons visiting the institution. These are all parts of Dera Baba Gujraj Gir. The Dera owns about 150 Bighas (pukhta) of land in village Pokerkheri. This land was assigned to the Dera by the settlers/proprietors of the village. Income of this land is used for charitable and religious purposes. This institution is headed by a Mahant who is to regularly perform Puja. He is to remain a celibate. Succession of the Gaddi of the Mahant is from Guru to Chela and not hereditary. Further giving the history of institution it was stated that Baba Balgobind, the grand-guru of Baba Gujraj Gir, was inducted as a Mahant of this Dera from Dera Baba Balak District Hissar. Baba Gujrar Gir was a Saint of high order and his pure life made the Dera very popular. He lived in this Dera in the beginning of 19th century.

(3.) With regard to the property attached to the Dera it was alleged that in the revenue record of 1970-71, Dera Baba Gujraj Gir was shown as owner of 719 Kanals of land and dohlidar of another 158 Kanals 12 Marlas of land. In 1953 as per mutation No. 221, the land was mutated in the name of Mange Gir as Mahant of the Dera. Earlier also the Mahants had this property in their capacity as Mahant. A suit was brought by Mange Gir for declaration that he was the owner of 719 Kanals of land in his personal capacity and the suit was brought against some of the residents of the village. He obtained the alleged decree collusively. A mutation was entered in his name on the basis of this decree. Some of the residents of the village challenged the recording of the mutation successfully. Mange Gir transferred 117 Kanals 9 Marlas of land of this institution in favour of defendants No. 5 and 6 who are wives or sons of Mange Gir's brother Duni. The husbands of these women filed a suit for declaration that in fact they were the transferees and Mange Gir suffered decree. Manage Gir was alleged to be addicted to liquor and intoxicants. He was squandering away the property of the Dera and was no longer a celibate. He was keeping had company. He was not performing his duty at the Dera by doing Puja, Kirtan-Bhajan.