Baba Charan Dass Udhasi vs Mahant Basant Das Babaji Chela Baba Laxmandas Udasi Sadhu

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2000 Supreme(SC) 1078

2000(5) Supreme 99
SUPREME COURT OF INDIA
(From Madras High Court)
M. Jagannadha Rao & Y.K. Sabharwal, JJ.
Baba Charan Dass Udhasi -Appellant
versus
Mahant Basant Das Babaji Chela Baba Laxmandas Udasi Sadhu -Respondent
Civil Appeal No. 975 of 1988
Decided on 14-7-2000
Counsel for the Parties :
For the Appearing Parties : S. Padmanabhan, R. Sundaravaradan, D.D. Thakur, Sr. Advocates, S. Balakrishnan, S.D.N. Vimalanathan, Ms. Pushpa Rajan, K.B. Sounder Rajan, V. Prakash, Mahesh Kasana, Ms. Aparna Rohtagi, K.B. Rohtagi, N.N. Bhatt, Advocates.

Headnote:Hindu Religious Endowment-Madathipathi-Shiv Kanchi Udasi Math, Kanchipuram-Appointment of Madathipathi-Appellant claiming to be Madathipathi-Claim of respondent that he succeeded to Madathipathiship as nominee of one N -N was power agent of earlier Madathipathi R -N was never nominated as Madathipathi-After death of R none was appointed as Madathipathi-Appellant came to be appointed by Udasis Sect of Sadhus following due formalities and customs prevailing in community- N was not legally and validly appointed-N could not have validly nominated appellant-High Court rightly decreed suit of respondent holding appellant was not Madhathipathi and respondent was validly appointed as Madathipathi.
       Held : There is ample material on record to establish that Nagendra Dass was appointed merely a Mukami (Agent) and was not appointed head of the Math. Nagendra Dass had himself so described his status in the judicial proceedings initiated by him in respect of the properties of the Math against third parties. In OS No. 43/44 which was pending before Sub-Judge, Chittore, Nagendra Dass had stated that he had been appointed by the Allahabad Society. Nagendra Dass was appointed as an agent as per general power of attorney executed by Ramji Dass. In view of the overwhelming evidence the appellant cannot be allowed to plead that Nagendra Dass was head of the Math. That being the position he could not validly nominate any person as head of the Math. The alleged nomination of Surjan Prakash was, therefore, illegal and so also the nomination of the appellant. In the earlier decision, the High Court had concluded that Nagendra Dass was "incompetent to nominate or appoint his successor." (Para 15)
       There are documents proved on record in respect of appointment of the other heads of the Math but there is no document showing the appointment of Nagendra Dass as head of the Math. It seems that no religious head/Madathipathi of the Math in question was appointed after the demise of the last appointee namely Ramji Dass. Under the aforesaid circumstances, the Allahabad Society had rightly called for the meeting to appoint head of the Math in question. It may, however, be clarified that once someone is validly appointed as the head of the Math, the future mode of devolution would be governed by the Sishya Parambarais (Guru to disciple) which is the mode contemplated by the document by which the Math was established. There could not be any departure from the said mode without any valid justification. It is neither necessary to decide for there is sufficient material on record to form a definite opinion as to why departure of the mode of Sishya Paramparai was made on earlier occasion. Ordinarily the devolution should be from Guru to disciple. (Para 16)
       Nagendra Dass was neither appointed as head nor his appointment was regularised during his lifetime. He died in Feb. 1970. The resolution dated 20th November, 1972 unanimously appointed plaintiff as the head of the Math. The said meeting, it has come on record, was attended by 21 Mahants of independent Maths and 12 Members of Governing Body of the Society. In that congregation was also present the Mahant of Maharashtra Mandal. It has also come on record that about 2000 Udasin Mahants spread over different parts of the country come under four pangats. The said four pangats are further divided into 50 mandals and the Math in question comes under Maharashtra Mandal. It has also come in evidence that since there was no separate Udasin Mandal for Udasin Maths in Tamil Nadu, for sake of convenience Udasin Maths in Tamil Nadu were included in Maharashtra Mandal for proper management. In view of the evidence on record, the contention that the respondent/plaintiff was not validly appointed as the head of the Math in question cannot be accepted. (Para 17)

JUDGMENT

Y.K. Sabharwal, J.-The dispute in this appeal relates to the appointment of the Madathipathi of Shiva Kanchi Udasi Math, Kanchipuram. The parties or through whom they claim have been litigating for the last more than four decades.

2. The Math in question was founded by one Yogadhiana Mahant Bavaji under an instrument dated 29th January, 1870. The executant of this document described himself as the disciple of Bavaji Niranjan Dass and executed the document in favour of Gurusarandass Bavaji describing him as his chief disciple. This document not only establishes the foundation of the Math but also provides for the mode of devolution of its headship. The outgoing head could nominate his disciple to be the next head. The mode of devolution thus is from Guru to disciple (Sishya Parambarais). Gurusarana Dass Bavaji later succeeded as Madathipathi (hereinafter referred to as head ). Gurusarana Dass Bavaji was succeeded by Narayana Dass Bavaji as head under the will dated 2nd September, 1901 executed by said Gurusarana Dass. Mahant Narayana Dass Bavaji remained head of the Math from 1901 to 1925. By a deed of appointment dated 1st May, 1925, Mahant Narayana Dass Bavaji appointed one Ramjidass as the head of the Math.

3. Nagendra Dass came on the scene in the year 1928. The appellant claims through Nagendra Dass. Nagendra Dass allegedly appointed Surjan Prakash who in turn appointed the appellant as the head of the Math.

4. Ramji Dass executed a power of attorney dated 11th January, 1928 appointing Nagendra Dass as his agent. The reason for the execution of the power of attorney is stated to be that Ramji Dass had to often remain away visiting villages and, therefore, he appointed Nagendra Dass to look after the Math and its properties. Nagendra Dass claimed that Ramji Dass had appointed him as the head of the Math. There is, however, no document appointing Nagendra Dass as head in succession of Ramji Dass. In respect of earlier appointments of heads upto the appointment of Ramji Dass, the documents of succession have been placed on record and proved.

5. The Society by the name of Shri Pujya Padh Aduyath Panch Parmeshwar Panchayati Akara Bara Udasin Nirwan (for short the "Allahabad Society") having head office at Allahabad was founded as a religious society and registered under the Societies Registration Act of 1860. In substance the disputes are between the Allahabad Society and those claiming through the said society on one hand and Nagendra Dass or those claiming through him on the other.

6. The Memorandum of the Association of the Society of the year 1927 inter alia provide as under :

"1. To manage the funds provided by the Udasin Sants Mahants and householders for the service of the Udasi Sadhus of the Akhara while establishing the same and to increase by proper means the said fund as well as these that may be required or added to it from the to time and we spend the same or objects which are in accordance with the religious principles and practices of the Udasin and to maintain and improve the position of the akhara.

2. To make arrangements for the food and accommodation of such Udasis Mahants and Sants as may visit and of the centers of this Akhara, or attend the fairs such as Eambha and the Adhkumbi bathing fairs, which are usually held at certain places of pilgrimage for the meeting together of Sadhus; and

3. To make arrangements for the appointment of Mahants of the Sthans of Udasis called Sangate which are independent of this Akhara but from which the Akhara often draws its disciples and for the protection and supervision of the said Sangate and to take proper steps to maintain their states in case of interference on the part of others".

7. Nagendra Dass is described as a disciple of Mahant Karan Dass and is a signatory to the Memorandum of Association of the Allahabad Society holding the office of Mukami (Agent). A Mukami is a person appointed in accordance with the rules of the Allaha

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