MADHO PRASAD Vs. MAHANT RAMRATTAN GIR

JUDGEMENT

(1.) This is an appeal against a decree of the Calcutta High Court reversing a decree of the Subordinate Judge of Chapra, and dismissing the appellant s suit with costs.

(2.) The suit was brought to enforce a mortgage bond executed by the late Raghubans Gir, and purporting to charge certain property appertaining to the Bakulahar Math, of which one Ishwar Gir was formerly Mahant.

(3.) Mahant Ishwar Gir died on the 4th of October 1887. On his death disputes arose as to the succession to the Mahantship. The rival claimants were Raghubans Gir and the respondent Ram Rattan Gir. Both had heen grand Chelahs of Ishwar Gir. Raghubans produced a will in his favour which he succeeded in establishing. Ram Rattan alleged that Ishwar Gir had installed him in his place, and he managed to obtain and keep possession of the property of the Math. Each had strenuous partisans. And the contest was waged with much spirit and a lavish expenditure of borrowed money.