KRISHNADEVANAND RAMJI Vs. KAPILDEO DAS

JUDGEMENT

(1.) We have already passed our order dismissing the appeal. We are giving below our reasons for the order.

(2.) This is an appeal by the plaintiff against an order of restitution under Section 144, Civil P. C., passed by the Additional Subordinate Judge 2nd Court, Patna.

(3.) The suite out of which the appeal arises relates to the Math of Rajipore and Dhana in the district of Patna. The plaintiff claims to be the Mahanth as being the initiated Sadhu Chela of the late Mahanth Sri Madhawa Nand Ramji. The defendant-respondent denies that the plaintiff is the initiated Chela of the late Mahanth, and claims to have succeeded himself to the late Mahanth as his Gurubhai. The defendant obtained possession of the estate from the District Judge of Patna by an application under Sections 192 and 195, Succession Act. Hence, the present suit for declaration of title and recovery of possession. The suit was decreed by the Subordinate Judge and, in execution of the decree, the plaintiff was given possession of the estate. The decision of the Subordinate Judge was set aside by this Court on 6-12-1949, in F. A. No. 8 of 1945, and the suit was dismissed. The appeal is directed against an order of the Subordinate Judge allowing the defendant's prayer for restitution under Section 144.