BALDEO PRASAD Vs. ARYA PRITI NIDHI SABHA

JUDGEMENT

(1.) This is a plaintiff's appeal arising out of a suit for recovery of possession of immovable property by setting aside a deed of trust executed by Amar Singh, the nephew of the plaintiff Baldeo Prasad. According to the plaint Amar Singh gave up the world in December 1920, and adopted faqiri sanyas in January 1921, and was named Sanyasi Amirtanand; that in consequence all his rights in his property became extinct and the same reverted to his relations. But admittedly on 24th January 1921 he executed the deed of trust in favour of the respondent Sabha, which is an Arya Samaj institution. According to the plaintiff the deed of trust was null and void inasmuch as on the date of its execution Amar Singh had no longer any right or interest left in him. The defendants contested the suit by denying that Amar Singh had ever renounced the world and given up his rights in the property or that he had completely become a Sanyasi. It was further pleaded that he was a Vaish by caste and could not have become a Sanyasi.

(2.) The learned Judge has found that the evidence to prove that Amar Singh had become a complete Sanyasi before 1921 was not satisfactory, and he has further held that the facts established by that evidence were insufficient to make out the case of complete abandonment of all worldly concern.

(3.) The plaintiff has appealed and challenges those findings.