(MAHANT) BHAGWANPURI Vs. SECY OF STATE

JUDGEMENT

(1.) This is an appeal by Mahant Bhagwanpuri, who was one of eight defendants in a suit instituted by the Secretary of State for India in Council on 23 September 1921, against a decree of the High Court at Allahabad, dated 3 February 1927, which affirmed a decree of the Subordinate Judge of Saharanpur, dated 31 January 1923. The Secretary of State appeared as respondent to the appeal. The other seven defendants were added as respondents, but they were not represented at the hearing before the Board.

(2.) The suit was brought to recover possession of certain land specified in the plaint which is situate at Hardwar, within the limits of the Municipal Board of the Hardwar Union. The main question in dispute is whether the said land was granted by the Crown to an institution or association called the "Juna Akhara" by a sanad dated 10 January 1854.

(3.) Both the Courts in India have held that the said land was not so granted. There is no necessity to enquire into the history relating to the land in suit prior to 1854, for it was agreed at the hearing of the appeal that the abovementioned main question depends upon the construction of the said sanad of 10 January 1854. The terms of the sanad are as follows : "Sanad in favour of the Gosains of Juna Akhara, Hardwar; "Pursuant to para. 4 of G. 0. No. 907, dated 6 March 1848, addressed to the Secretary, Board of Revenue, 1,000 yards out of 10,455 cubic yards of land, named of Juna Akhara, was as per enquiry made in 1848, found in your possession. Subsequently the objections were heard and a report was made in this case. In reply to that report the Commissioner sent his letter No.30, dated 6 December 1853, along with other letters of the Board and the Government. It is written in it that this land is only one plot, that it measures 10,455 cubic yards, and that it is called by the name of Juna Akhara and the sitting place of the faqirs who come here at the time of the Kumbh fair. This plot has been relinquished in favour of the jogis in 1315 F (?) 'Therefore, in accordance with para. 7 of the Commissioner's letter to the Sudder Board of Revenue, No.197 dated 27 May 1858(?) which has been sanctioned by the Government, this sanad in respect of 10,455 cubic yards is given in favour of the Juna Akhara. The object of this sanad is that the Government has no more any claim in respect of the land and the Government has granted this land for the sitting place of the faqirs. But without the sanction of the Government the Goshains will have no power to transfer it. No. of plot 175. 'Name of house.-Mandir Bhairosi, Mandir Mahadevi and Charan Badgats (?) situate at the Juna Akhara. East-West-41 yards. North-South-255 yards. Area in cubic yards.-10,455. Approximate cost Eastern Boundary.-Bed of the river. Western Boundary.-Nuzul lands. Southern Boundary.-Mango and gular trees Northern Boundary.-Bed of the river, etc. Dated 10 January 1854.