Judgement

BHAGWATI J.: The Appeal is directed against a judgment of the High Court of Judicature for the State of Punjab at Simla in Letters Patent Appeal No. 108 of 1951 reversing the judgment of a single Judge of the High Court in Regular Second Appeal No. 942 of 1949 & dismissing the appellant s suit with costs throughout.

2. The suit out of which the present Appeal arises was instituted by the Appellant in the Court of the Subordinate Judge, first Class, Delhi, against the Respondent 1 & 2 for a declaration that he was the Mahant of the Temple of Bhaironji and as such entitled to the properties and the perquisites attached there to including the right to worship the Temple of Sri Kalkaji and to recover the income from rents etc., as also from offerings and for other reliefs.

3. The case of the Appellant was that one Baba Balak Nath was the Mahant of Temple of Bhaironji and he left him surviving his three Chelas Sehaj Nath, Maya Nath and Sahib Nath. The pedigree showing the representation of these three lines of descent from Balak Nath is given below:

It shows that Bhola Nath was the last representative of the line of Sehaj Nath. He died on 10-4-1918, without leaving him surviving a