BIKRAMAJIT RAI Vs. MAHANTH DARSHAN DAS

JUDGEMENT

(1.) This appeal arises out of a suit brought by Mahanth Darshan Das for possession of certain property on the ground that it belonged to the math of which he had been duly elected Mahanth. The property in suit had been sold by one Musammat Subhagi to Gobind Rai and five, other persons. Musammat Subhagi's claim to the property was that it had been given to her by Sheoraj Das a former Mahant.

(2.) The Trial Court found that the property belonged to the math and should not have been transferred by Sheoraj Das but holding that plaintiff had failed to prove his own due election as Mahant dismissed his suit.

(3.) Darshan Das appealed and made Musammat Subhagi and all her transferees respondents. During the pendency of the appeal Gobind Rai died. No application was made to have his legal representatives made parties to the suit and no, notice was taken of his death in the lower Appellate Court.