GARIB DASS CHELA Vs. KESHO RAM

JUDGEMENT

(1.) These two appeals are directed against the judgment and decree passed by the Courts below. Parties are fighting for succession of Mahant Sohan Dass @ Sohan Muni Chela Baba Jeon Dass Mohtmim of Dera Baba Dhian Dass. As per the plaintiff, Mahant Sohan Dass @ Sohan Muni died on 29/5/1988 but Safari ceremony of Mahant Sohan Dass @ Sohan Muni was carried out on 15/6/1988. The plaintiff claimed that during safari ceremony which was attended by various Mahants of Udasi Sect. The plaintiff was appointed as successor to Mahant Sohan Dass @ Sohan Muni in Bhekh ceremony as per the custom prevalent in Udasi sect. Thus, the plaintiff is entitled to be declared as Mohtmim of Dera Baba Dhian Dass. The mutations sanctioned in favour of the defendant being successor of Janki Dass are illegal, null and void. The plaintiff further claimed a decree of possession. The plaintiff further claimed that the defendant himself participated in the Bhekh ceremony. He is thus, estopped from claiming himself to be Mohtmim of the dera and from disputing appointment of the plaintiff

(2.) The suit was contested by the defendant. The defendant claimed that it was Mohtmim Janki Dass who was appointed as successor of Mahant Sohan Dass @ Sohan Muni. Janki Dass was succeeded by Parma Nand, from whom the management of the dera was succeeded by the defendant. The suit filed by the plaintiff was put to trial and the following issues were framed: -

(3.) Both the Courts below have non-suited the plaintiff on issue N0.6-A. It has come on record that earlier in time, the plaintiff filed suit for declaration with same prayer i.e. Civil Suit No.1275 of 1992. It was withdrawn by the plaintiff suffering statement on 15/4/1994 without seeking any permission to file fresh one. Thus, the present suit was barred under the provisions of Order XXIII Rule 1(4) Code of Civil Procedure, 1908.