RAM PARKASH DAS Vs. ANAND DAS

JUDGEMENT

(1.) THIS is an appeal from a judgment and decree of the High Court of Judicature at Fort William in Bengal, dated August 26, 1910, reversing a judgment and decree of the second Subordinate Judge of Mozufferpur, dated June 16, 1909.

(2.) THE question in the appeal has reference to the office and rights of a mahant of an asthal, known as the Patepur asthal, in the district of Mozufferpur. There are rival claimants to this office in the person of the plaintiff and of the defendant No. 2. The defendant No. 1, Anand Das, was the mahant of the Patepur asthal. By written documents and by his actings he has, as will be afterwards found, abdicated. But in this litigation he supports the claim of defendant No. 2, in whose favour he has granted those deeds which will be hereafter referred to. The asthal is one of some importance, and is stated to have a revenue of Rs. 50,000 a year.

(3.) "Pious persons endow the schools with property, which is vested in the preceptor for the time being, and a home for the school is erected and a mattam constituted" (1880) I.L.R. 2 Madr. 179. It is, however, the rule that this property is held by the mahant as its owner, and the succession to him in such property follows with the succession to the office. The nature of the ownership is, as has been said, an ownership in trust for the math or institution itself, and it must not be forgotten that, although large administrative powers are undoubtedly vested in the reigning mahant, this trust does exist and must be respected.