MAHANT LAHAR PURI Vs. MAHANT PURAN NATH

JUDGEMENT

(1.) This is an appeal from a decree of the High Court of Judicature at Allahabad, dated the 11th March 1912, which reversed a decree of the Subordinate Judge of Saharanpur, dated the 29th November 1909, and dismissed the suit with costs. The suit was brought on the 12th January 1909 by Lahar Puri, who is the appellant, against Puran Puri, 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 dispute as to the title to the mahantship arose in February 1905, on the death in that month of Jhandu Nath, who was the mahant of the math, and had succeeded Tej Nath in the mahantship in 1897. In this suit the plaintiff alleges that he was the only sadhak (disciple) of the deceased Mahant Jhandu Nath, and being the only sadhak of Mahant Jhandu Nath, he was the only one of the mendicant fraternity of the temple who was qualified for election to the mahantship; that he was duly elected mahant by the ten classes of mendicants ( dasnam bhik) on the 24th February 1905; and that he was appointed with the usual ceremonies. On the other side the defendant denies that the plaintiff had ever been the sadhak of Mahant Jhandu Nath, or was qualified for election to the mahantship, or was elected mahant. The defendant s case is that it is not necessary that the sadhak of the last mahant should be elected as the mahant. He alleges in his written statement that:- The sadhak or a co-disciple, or the sadhak of a co-disciple of the deceased mahant is appointed a mahant, and failing these or in the event of none of these being a fit person, the mendicants of all the ten classes (dasnam bhik) have the power to make any fit person the sadhak of the gaddi and appoint him a mahant.