VIKAS SHARMA Vs. VARUN SHARMA & ORS

JUDGEMENT

(1.) The plaintiff, claims succession, to the Guru Gaddi Baba Jhalla Ji. He has prayed, for rendition of a declaratory decree, qua his being entitled to inherit, the Guru Gaddi Baba Jhalla Ji, besides has sought a declaration, qua, defendant No.2, being disentitled to declare himself, as, the Mahant (Jhalla Ji) . The substratum, of the claim reared, in the plaint, by the plaintiff, is, squarely rested, upon, there existing customs and traditions, whereunder, succession, to, the Guru Gaddi Baba Jhalla Ji, is bestowable only upon the eldest surviving son, of the preceding Mahant, of, Guru Gaddi Baba Jhalla Ji. Furthermore, the plaintiff avers, of, one Gurdiyal Singh, erstwhile Mahant, of, Guru Gaddi Baba Jhalla Ji, executing a will, on 26.07.2008, in consonance, with, the apt customs and usages, whereunder, he appointed, the plaintiff, being his eldest grand son, to succeed vis-a-vis, the Guru Gaddi Baba Jhalla Ji, upon, occurrence, of, demise of one Virender Sharma. However, Virender Sharma, upon, occurrence of his demise, on, 22.09.2012, is, disclosed to be survived, by only female issues, and, his widow one Indra Sharma, rather collusively appointing, and, declaring defendant No.2, one Varun Sharma, the youngest grand son, of, one Gurdiyal Singh, to be the Mahant, of, Guru Gaddi Baba Jhalla Ji. In sequel, the plaintiff, avers qua hence derogation vis-a-vis the customs enjoined to be revered, qua succession, to the spiritual seat of Mahant of Guru Gaddi, Baba Jhalla Ji, hence, occurring, derogation whereof, is comprised in the plaintiff, despite, being the eldest grand son, of, Gurdiyal Singh, also, his being bequeathed, the Guru Gaddi Baba Jhalla Ji by his grand father, one Gurdiyal Singh, who, during his life time held the spiritual seat, of, Guru Gaddi Baba Jhalla Ji, rather his youngest grand son, defendant No.2 Varun Sharma, declaring himself, to be the Mahant, of, Guru Gaddi Baba Jhalla Ji.

(2.) Written statement to the plaint, was, instituted by defendants No.2 to 5, wherein they denied the claim, of the plaintiff, especially, the one occurring, in, the apposite <i>paragraph</i> No.2, contains, a denial, of, their existing custom, tradition, and, usages, vis-a-vis, the succession to the spiritual seat, of Mahant to Guru Gaddi Baba Jhalla Ji, comprised, in the eldest male concerned, being alone entitled to occupy the seat of Mahant of Guru Gaddi Baba Jhalla Ji. It is also contended, in the apposite <i>paragraph</i> No.2, of, the written statement furnished, to, the corresponding <i>paragraph</i> thereof, qua the Guru Gaddi Baba Jhalla Ji, being a spiritual seat, and, succession thereto being only, on, spiritual merit.

(3.) The respective Wills propounded by the plaintiff, and, by defendant No.2, Varun Sharma, respectively, of Gurdiyal Singh, and, of one Virender Sharma, the apposite preceding Mahants, of, Guru Gaddi Baba Jhalla Ji, yet remain to be pronounced, to be validly executed. Moreover, the customs, traditions and usages, espoused by the plaintiff, governing, the inheritance, to, the spiritual seat of Mahant, of , Guru Gaddi Baba Jhalla Ji, AND, as comprised in the eldest son, being solitarily entitled to succeed thereto, are, also under contest. However, the contention raised by defendant No.2, one Varun Sharma, in respect of the aforesaid claim nor the propagation made by the plaintiff in respect thereof, is anvilled, upon, any <i>prima facie</i> material, in support(s) thereof, yet existing on record. However, the apt <i>paragraph</i> 2, of the plaint, makes a graphic/uncontroverted disclosure qua hence succession, to the spiritual seat of Mahant of Guru Gaddi Baba Jhalla Ji, being bestowed, upon, the eldest son, of, the preceding Mahant, of, Guru Gaddi Baba Jhalla Ji, (I) thereupon, it is <i>prima facie</i> hence inferable qua the relevant customs, usages, and, traditions, rather hence enjoining succession to the apt spiritual seat, of, Mahant of Guru Gaddi Baba Jhalla Ji, by the eldest son, of, the preceding Mahant, of Guru Gaddi Baba Jhalla Ji, <i>prima facie</i>, may be, acquiring some tenacity, dehors, no documentary material in respect thereof yet existing, on record. If so, defendant No.2, Varun Sharma, who, is the youngest grand son, of, one Gurdiyal Singh, the latter whereof, in his life time, held, the apt spiritual seat, of, Mahant of Guru Gaddi Baba Jhalla Ji, and, who bestowed in <i>prima facie</i> conformity, with, the afore referred customs AND, also, bequeathed the spiritual seat of Mahant of Guru Gaddi Baba Jhalla Ji, upon the plaintiff, given the preceding Mahant, one Virender Sharma, being survived by only female issue(s) , (ii) does apparently confer vis-a-vis the plaintiff, dehors the apposite wills, being yet not proven, to be validly executed, a right superior to the claim, foisted, by defendant No.2, Varun Sharma, to hence succeed to the spiritual seat, of Mahant, of, Guru Gaddi Baba Jhalla Ji.