MAHANTH CHANDRAMANI DAS Vs. RAM RAJESHWAR DAS

JUDGEMENT

(1.) The Maln appeal i.e. F.A. No. 500 of 1977 is directed against the judgment dated 28th of May, 1977 passed in T.S. No. 22 of 1966 by the 2nd Addl. District Judge, Patna which was registered on the basis of an application filed for grant of Letters of Administration and originally registered as Letters of Administration Case No. 17 of 1963.

(2.) The appellant Mahanth Chandra Mani Das, claiming himself to be the Chela of Mahanth Sri Ram Krishna Das of Baba Bhikham Das Thakurbari in Mohalla Bakarganj within the P.S. Kadamkuan in Patna Town, filed this application for grant of succession certificate on a Will purported to have been executed by his Guru Late Mahanth Sri Ram Krishna Das on 2nd of August, 1960 in his favour. It appears that prior to the filing of this application the respondent Ram Rajeshwar Das had filed a petition under Section 192 of the Indian Succession Act which was registered as Succession Case No. 188 of 1961. This application was filed by the respondent on 14th March, 1961 on the basis of Wasiyatnama and Mokhtarnama purported to have been executed by the said Mahanth Sri Ram Krishna Das in favour of the respondent Ram Rajeshwar Das on 21st of December, 1952. When in L.A. Case No. 17 of 1963 the opposite party, i.e. the present respondent, appeared and filed objection petition and contested the matter, this miscellaneous application was registered as Title Suit No. 22 of 1966. At a later stage both the Title Suit No. 22 of 1966 and Miscellaneous Case No. 188 of 1961 were taken up together for hearing and evidence was recorded in both the cases together. Thereafter two separate judgments were passed; one in Succession Case No. 188 of 1961 and another in Title Suit No. 22 of 1966 which was subsequently renumbered as Title Suit No.3 of 1973. On 28th of May, 1977 the Misc. Case No. 188 of 1961 was allowed in favour of the respondent Ram Rajeshwar Das on contest and Title Suit No. 22 of 1966/3 of 1973 was dismissed and grant of Letters of Administration to the appellant was refused. It further appears that a revision petition was filed by the present appellant against the judgment in Succession Case No. 188 of 1961 which was registered as Civil Revision No. 806 of 1977, but subsequently when it transpired that the Civil revision petition was not Malntainable against the order in question, this Civil Revision Case No. 806 of 1977 was withdrawn. It further appears that after the judgment was passed in Title Suit No. 22 of 1966/3 of 1977, a Title Suit was filed by the appellant Mahanth Chandra Mani Das which was registered as Title Suit No. 225 of 1978. In this title suit the appellant asserted that he was the senior -most Chela of Late Mahanth Ram Krishna Das and, as such, he was his successor to the Gaddi of the said Baba Bhikham Das Thakurbari and he was also continuing in possession over the properties of the said Thakurbari. The appellant also challenged the legality of the order passed in T.S. No. 22 of 1966 and sought a relief that the plaintiff be declared legal Mahanth and Sevait of Bakarganj Thakurbari popularly known as 'Baba Bhikham Das Thakurbari' and it be also declared that the defendant, i.e., the present respondent Ram Rajeshwar Das has no title to the property of the Thakurbari. The appellant also prayed for permanent injunction restraining the respondent from executing the decree of delivery of possession on the basis of the judgment in Succession Case No. 188 of 1961/3 of 1973. He also prayed for the cost of the suit and for any other relief to which he was found entitled. It further appears that during the pendency of the suit, a petition for injunction under Order XXXIX, Rule 1 of the Code of Civil Procedure was filed on behalf of the appellant and after hearing on the rejoinder filed on behalf of the respondent, the Court of Addl. Sub -Judge IX, Patna passed an order on 15th of May, 1979 allowing temporary injunction in favour of the appellant whereby the respondent Ram Rajeshwar Das has been restrained from executing the decree of delivery of possession passed in Succession Case No. 188 of 1961/3 of 1973. Against this order of injunction the respondent Ram Rajeshwar Das filed a miscellaneous appeal under Order XLIII, Rule 1 of the Code of Civil Procedure which was registered as Misc. Appeal No. 146 of 1979. Earlier, this miscellaneous appeal was ordered to be heard alongwith F.A. No. 500 of 1977 by an order dated 27.2.1997 and accordingly, both the matters have been heard.

(3.) For the purpose of deciding the points at issue it will be necessary to co -relate the facts of the case in short. The said Baba Bhikham Das Thakurbari was established long ago by one Baba Beni Das who was succeeded by his Chela Purushotam Das and Mahanth Purushotam Das was succeeded by his Chela Achraj Das, who was in turn succeeded by his Chela Bhikham Das. This Mahanth Bhikham Das is the person by whose name the Thakurbari is popularly known as Baba Bhikham Das Thakurbari. The Thakurbari owned huge property in the form of land and building in the town and it has some subsidiary branches also at different places including at Ayodhya in Uttar Pradesh. The said Mahanth Bhikham Das was succeeded by his disciple (Chela) Mahanth Badri Das and Mahanth Badri Das was succeeded by his Chela Ram Krishna Das who was the last Mahanth before the present series of litigations started. The appellant claims that he was the Chela initiated in his Panth at a very early age of about 10 -12 years in 1933 and as he was not educated and was very immature and young his Guru Mahanth Ram Krishna Das arranged for his early education and he also sent him to a branch Math at Ayodhya where he remained for several years and learnt the scriptures and customs and Puja Path and subsequently when the Mahanth became old and diseased he called the appellant and he started remaining with his Guru Mahanth Ram Krishna Das and he started looking after him. According to the appellant, at some point of time the respondent Ram Rajeshwar Das came to contact with his Guru Mahanth Ram Krishna Das and by his manner and conduct because of his cunningness he impressed Sri Ram Krishna Das who allowed him to remain with him for some time and out of his cunningness and greedy eyes over the properties of the Math this Ram Rajeshwar Das got a Wasiyatnama and Mokhtarnama executed by the said Mahanth Ram Krishna Das in his favour on 21 st of December, 1952. However,, the documents continued to remain with the Mahanth Ram Krishna Das. It further appears that in 1953 late Mahanth Ram Krishna Das went away to Vrindaban for some time and in his absence the respondent Ram Rajeshwar Das came to his true colours and after preparing a duplicate key of the room occupied by the Mahanth Ram Krishna Das, which was looked in his absence, got the lock of the room opened and removed some valuables including the ornaments of the deity in the temple of the Math and later this Mahanth Ram Krishna Das slipped away and though a case of theft was registered in Kadamkuan Police Station in this regard, the respondent Ram Rajeshwar Das could not be traced by the police and the case was also dropped. It is stated on behalf of the appellant that in this background the late Mahanth Ram Krishna Das was very much unhappy and annoyed with Ram Rajeshwar Das and accordingly, he got the Wasiyatnama in favour of the respondent Ram Rajeshwar Das cancelled by a deed of cancellation dated 8th of June, 1953. It is further stated on behalf of the appellant that subsequently in the year 1960 Mahanth Ram Krishna Das fell seriously ill and inspite of treatment by the eminent Doctors at Patna he could not improve. So, being conscious of failing health, Mahanth Ram Krishna Das got executed a Wasiyatnama and also a Mokhtarnama in favour of the appellant Chandra Mani Das on 2nd of August, 1960. Thereafter said Mahanth Ram Krishna Das died on 19th of February, 1961. Then his last rights were performed by the appellant who was his senior Chela and successor and his Saradh Ceremony was also performed by the appellant. Thus he was duly installed as the Mahanth of the said Math by several religious persons entitled to do it and the appellant became full -fledged Mahanth of the Math in question and he continued to be so uninterrupted. However, the respondent Ram Rajeshwar Das arrived after the death of Mahanth Ram Krishna Das and as he was not allowed entry in the Math, with ulterior motive and mischievous intention he filed Succession Case No. 188 of 1961. Thereafter Misc. Case No. 36 of 1961 was filed by the present appellant for grant of Letters of Administration to him but it was subsequently dismissed in default in 1963. Subsequently, in 1963 the miscellaneous case was filed as Misc. Case No. 17 of 1963 which was subsequently converted into Title Suit No. 22 of 1966 and both the Misc. Case No. 188 of 1961 and Title Suit No. 22 of 1966 were heard together. It appears that the evidence was recorded in both the cases together but on 28th of May, 1977 the Court i.e. the Court of 2nd Addl. District Judge, Patna passed two separate judgments.