LAHAR PURI Vs. PURAN NATH

JUDGEMENT

(1.) JOHN Edge, J 1. This is an appeal from a decree of the High Court of Judicature at Allahabad, dated the 11th of March, 1912, which reversed a decree of the Subordinate Judge of Saharanpur, dated the 29th of November, 1909, and dismissed the suit with costs. The suit was brought on the 12th of January, 1909, by Lahar Puri, who is the appellant, against Puran Nath who is the respondent. The dispute between the parties to this appeal relates to the title to the mahantship of a Hindu math, or temple, at Hardwar, known as the Akhara Baba Sarwan Nath, and to the property appertaining to the math.

(2.) THE math was founded by one Baba Sarwan Nath, who was a Sunniyasi Rukhar Fakir and died in 1849. Since his death there have been several mahants of the math in succession. It does not appear that Baba Sarwan Nath, in founding the math, prescribed any rules or practice to be followed in the selection and appointment of the future mahants. Consequently, the selection and appointment of a person to be the mahant of the math on a vacancy occurring in the mahantship must depend on the custom or usage and the practices which have prevailed in the appointment of mahants of this math, and on that principle this suit has been fought in the First Court, in the High Court, and before this Board.

(3.) THE defendant further alleges that he was a sadhak of Mahant Tej Nath, who preceded Mahant Jhandu Nath on the gaddi of the temple, and as such sadhak was qualified for election to the mahantship, and that he was duly elected and with the usual ceremonies was appointed mahant by all the ten classes of mendicants (dasnam bhik) on the 24th of February, 1905. It is not disputed that the defendant was a sadhak of Mahant Tej Nath. It is common ground that the time for the election of a succ essor in the mahantship of this temple is the terhwin, the thirteenth day ceremony, after the death of the deceased mahant, which in this case fell on the 24th of February, 1905. It is also common ground that on the death of a mahant of this temple the election of his successor takes place at Hardwar, and that the election and appointment of the new mahant is by the ten classes of mendicants (dasnam bhik) assembled at Hardwar for that purpose. From the evidence their Lordships infer that the usual place at which the dasnam bhik assemble for the purpose of electing a mahant of this temple, and at which they elect a mahant, is at the temple. Another common ground is that on the election and appointment of a mahant of this temple a mahantinama is drawn up and is witnessed by those who were present at the election, and is registered.