SANT RAM Vs. SITAL DAS

JUDGEMENT

(1.) SANT Ram, Mehnga Singh, Ishar Das and Lachhman Das defendants in Civil Suit No. 131 of 1947 appeal from the decree passed in that suit on the 31st of May 1948.

(2.) TO appreciate the contentions that have been raised in this appeal, it would be necessary to give a short narrative of the material facts in their chronological order. Kishore Das, who died on the 4th of April, 1945, was the Mahant of the Thakardwara at Jamsher belonging to the Ram kabir sect of the Bairagi Sampardai. The Thakardwara at Jamsher is connected with the institution known as "baba Ram Kabir Ka Dwara", the 'gaddi' of which is at Jaipur. On the 19th of July, 1943 Mahant Sadhu Ram and 'shri' Hira Das instituted Civil Suit No. 966/816 of 1943 'inter alia' for the removal of Kishore Das from the Gaddi of the institution. In that suit, the parties compromised the dispute between them and in accordance with that compromise Shri Harbans Rai Nayar, Subordinate Judge 3rd class, Jullundur, passed the decree on the 26th of October, 1944, Kishore Das, however, appealed from the order recording the compromise in the Court of the District Judge at Jullundur. During the pendency of that appeal, kishore Das died on the 4th of April, 1945, and Ishar Das defendant was brought on the record as the legal representative of Kishore Das on the 18th of May, 1945. Kishore Das and Ishar Das were, by blood relationship, uncle and nephew and in the registered will, Exhibit D. 4, made by kishore Das on the 31st of March, 1945, Ishar Das is stated to be one of the two Chelas of kishore Das, nominated by the testator to be the Mahant of the institution on his death.

(3.) ON the 31st of March, 1945, Kishore Das made a lease in respect of the land in suit for a period of ten years in favour of Sant Ram and Mehnga Singh defendants. On the death of kishore Das, proceedings were initiated under Chapter IV of the Punjab Land Revenue Act, 1887, for mutation of names. In those proceedings, Ishar Das defendant No. 3 claimed to be the mahant of the institution. In those proceedings Sital Das plaintiff intervened on the 2nd of august 1945, and claimed to be the Mahant. No decision was given by the Naib Tehsildar as to the rival claims of Ishar Das and Sital Das and proceedings were consigned to the record room to be put up after the decision in the Muafi "file.