MAHANT RAVI DUTT GIR SANYASI CHELA MAHANT RAM VIR, AKHARA DESNAMI GANGA MANDIR Vs. MAHANT RAMANAND AND ANOTHER

JUDGEMENT

(1.) THIS petition by Mahant Ravi Dutt, objector, is directed against the order of the learned Senior Sub Judge, Amritsar, dated May 6, 1978, vide which he rejected his objections in the execution proceedings. The facts giving rise to this case are enumerated below.

(2.) MAHANT Rama Nand, respondent No. 1, filed a suit for declaration against Jiwan Gir Chela Had Gir (respondent No. 2) for declaration that he is the Mahant of Desnami Akhara Ganga Mandir, Durgiana Abadi and that the latter had no concern with the said Akhara, which was dismissed on February 14, 1961. In appeal to the High Court, however, he was successful as his suit was decreed on May 9, 1974. Thereafter, he filed execution proceedings whereby he prayed that judgment debtor Jiwan Gir Chela Hari Gir (respondent No. 2) be asked to render him the accounts which was resisted by Mahant Ravi Dutt Gir, Mahant of the Akhara Desnami Ganga Mandir, on the ground that the properties attached to the Akhara were not the personal property of any Mahant and that he (objector) was the duly appointed Mahant of the Akhara having been appointed as such by the Bhekh of Desnami Sadhus on April 6, 1978, in place of Mahant Rama Nand who was removed on March 31, 1976, by the Bhekh of Desnami Sadhus. It was contended that in these circumstances the rights, title and interests flowing from the said decree stood vested in him as Mahant and that Mahant Rama Nand had no right to have the decree executed.

(3.) FOR the reasons recorded above, the petition is without merit which fails and is hereby dismissed with costs.