BABU MAHADEO PRASAD SINGH Vs. KARIA BHARATI

JUDGEMENT

(1.) This appeal relates to a village known as Saktni which is situated in the District of Gorakhpur in the Province of Agra. The village formed part of the estate annexed to the math of Kanchanpur in that District and was sold to the defendants, hereinafter called the appellants, on March 1, 1914, by one Rajbans Bharthi alleged to be the Mahant of the math at that time. Rajbans died on March 21, 1916, and the present action was brought on February 23, 1926, by Karia Bharthi, who claimed to be his successor as the Mahant of the shrine.

(2.) A large number of pleas were raised to defeat the suit, but there are only two questions which have been argued on this appeal; first, that the plaintiff was not entitled to maintain the suit; second, that the claim was barred by limitation.

(3.) The facts of the case bearing on these questions do not admit of any real dispute. In April, 1894, one Bachchu Bharthi, who was admittedly the Mahant of the math, died, and two persons, namely Rajbans Bharthi and Karia Bharthi came forward to claim the office of the Mahant, Karia was, at that time, a boy of only about thirteen years of age ; and his father, acting as his guardian, settled the dispute with the rival claimant by a compromise. In accordance with this compromise Rajbans executed on May 21, 1894, a deed by which he promised to adopt the boy as his chela and declared him to be his successor to the office of Mahant. As a result of this settlement, Rajbans was recognised and installed as the Mahant of the math.