RAMBHUSAN DAS Vs. ANAND DAS

JUDGEMENT

(1.) This is an appeal from a decree of the High Court of Judicature at Patna, dated 4 October 1940, which reversed a decree of the Subordinate Judge of Darbhanga, dated 20 May 1936, and dismissed the plaintiff's suit. During the pendency of the appeal in the Privy Council, Anand Das the defendant-respondent died and after contest between two rival claimants, Madan Mohan Das and Jadu Nandan Das, the High Court of Patna decided on 26 February 1943, that for the purposes of this appeal, and without prejudice to the right of Jadu Nandan Das to establish his claim by regular suit to be instituted hereafter, the name of Madan Mohan should be substituted in the place of the deceased respondent. Accordingly, Mohan Das, a minor, with his natural father Juggernath Boy as his guardian ad litem, has been substituted as respondent in this appeal. In this judgment the deceased respondent will be referred to as the respondent. . .

(2.) The suit out of which this appeal arises was instituted by the plaintiff appellant for a declaration that he and not the defendant-respondent was the rightful Mahant of the Asthal known as the Mirzapur Asthal, and for recovery of possession of the suit properties appertaining to the Asthal.

(3.) Two questions arise for determination an this appeal : (1) whether the appellant has any right to maintain the suit; (2) whether the respondent is disqualified from remaining as the Mahant by reason of his marriage, in accordance with the custom and usage which regulated the succession to the Asthal.