LAWS(PVC)-1934-2-124

JOGAR NATH GIR Vs. SHER BAHADUR SINGH

Decided On February 26, 1934
JOGAR NATH GIR Appellant
V/S
SHER BAHADUR SINGH Respondents

JUDGEMENT

(1.) This is an appeal by the defendant, Jagarnath Gir arising out of a suit brought by the plaintiff Sher Bahadur Singh, for possession of zemindari property in two villages Gonijot known as Shankerjot, 16 annas and Kundaria Ganesh, 5 annas 4 pies. The plaintiff's allegations were that Onkar Bharthi was the absolute owner of the property in suit and that, he died leaving behind him his widow Mt. Murat and his mother Mt. Lakhraji, defendant 2, that after the death of Onkar Bharthi Mt. Murat entered into possession of the property as a limited owner and on her death Mt. Lakhraji, the mother, became entitled to the property. The plaint then goes on to say that after the death of Mt. Murat there were disputes regarding mutation in the Revenue Court and, although the first Court decided in favour of Mt. Lakhraji, the appellate Revenue Court decided in favour of Jagarnath Gir, who however was not the chela of Onkar Bharthi nor was the property a math property and Onkar Bharthi had no right to initiate a disciple. It is then stated that Mt. Lakhraji the second defendant has executed a sale-deed dated, 13 February 1928, in favour of the plaintiff transferring the plaint property and all the rights appertaining thereto to the plaintiff.

(2.) Mt. Lakhraji supported the plaintiff, but Jagarnath Gir filed a written, statement pleading that the property in suit was not the personal property of Onkar Bharthi, but belonged to the nihang gaddi of math Shankerjot and has, according to the custom of the gaddi, been devolving with the office of the mahant upon the chela initiated by the last holder of the gaddi. It was then said that Onkar Bharthi was like his predecessors a nihang sadhu and that Jagarnath Gir was initiated a chela by Onkar Bharthi, that Onkar Bharthi could not take a wife nor could Mt. Murat, even if she was married, get a right of inheritance. As regards defendant 2, Mt. Lakhraji, it was pleaded that she was neither the mother of Onkar Bharthi nor the wife of Oudh Bharthi, but was a fictitious person from whom the plaintiff had obtained a fictitious sale-deed without paying any consideration. In the alternat it was pleaded that Onkar Bharthi haa executed a will in favour of Mt. Murat by virtue of which she had become the absolute owner of the property in suit, and she in her turn executed a will dated, 15 June 1923, in favour of Jagarnath Gir and the plaintiff was by no means entitled to get the property in dispute.

(3.) Upon these pleadings the following issues were framed by the Court of first instance : (1). Whether the property in dispute was the personal property of Onkar Bharthi or it was the property of math? (2) Whether defendant 1 is the chela of Onkar Bharthi? (3) Whether Onkar Bharthi belongs to the class of nihang sadhus? If so, what is its effect on the suit? (4) Whether there is any special custom in the Shankerjot math about the devolution of the math property? If so, what is its effect? (5) Whether defendant 2 is the mother of Onkar Bharthi and wife of Oudh Bharthi, and if so, can she legally transfer the property in suit? (6) Whether Onkar Bharthi executed any will in favour of Mt. Murat and whether she had become absolute owner of the property in suit? (7) Whether Mt. Murat executed a will, dated 15 June 1923, in favour of the defendant, and if so, what is its effect on the suit? (8) Whether the plaintiff is entitled to any relief?