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 any Chala or Gurbahi (co-disciple) with the result that the line of Sehaj Nath became extinct. Pancham Nath was then the representative of the line of Sahib Nath and Sndhiya Nath was the representative of the line of Maya Nath.

On the extinction of the line of Sehaj Nath, the estate and the right, title and interest of the last representative of that line devolved upon the surviving lines, viz., the lines of Sahib Nath & Maya Nath & Pancham Nath and Sandhiya Nath inherited the same in equal shares. Pancham Nath was succeeded by his Chela Mam Chand Nath and after the death of Mam Chand Nath the Appellant, the other Chela of Pancham Nath and Gurbhai of the deceased succeeded to the estate of Pancham Nath. Sandhiya Nath was succeeded by his Chela Shanker Nath.

Shanker Nath, however, was removed by the Bhekh Bara Panth on account of his immorality and Hardwari Nath another Chela Sandhiya Nath was appointed the Mahant in his place. Hardwari Nath filed a suit in December 1941 against Shanker Nath which ended in a compromise decree, and, when Hardwari Nath tried to take possession of the property in pursuance of the decree, Shanker Nath murdered him and was, in his turn, sentenced to death on 18th April, 1943.

Badlu Nath, another Chela of Sandhiya Nath and Gurbhai of Shaker Nath then succeeded to the estate of Sandiya Nath. There was, however, a dispute in regard to the mutation of names between Badlu Nath and respondent 1 who claimed to be the Chela of Phul Nath who was a Chela of Naina Nath, an earlier representative of the line of Maya Nath.

While this dispute was going on, Badlu Nath died on 23-9-1945 without leaving any Chela with the result that the line of Maya Nath also became extinct and the estate and the right, title and interest of Badlu Nath, the last representative of that line, devolved upon the Appellant who was the representative of the surviving line of Sahib Nath.

The Appellant contended that respondent 1 was not entitled to succeed Badlu Nath and had no right, title or interest in the estate left by him. The rule of succession propounded by the Appellant was formulated by him paragraphs in 4 and 6 of the plaint as under.

"Para 4. Balak Nath, aforesaid, was Abdhut Jogi. Abdhut Jogis do not marry and according to law and custom, succession devolves from Guru to Chela and if one Chela does not survive, then it devolves upon the next one. In the same way, if a line becomes extinct and no Chela is left in that line then, the Chelas of the remaining line inherit its share.

Para 6. The rule of succession to the property left by Balak Nath is clear from the pedigree-table given hereof. Among all the three aforesaid lines according to custom and law, succession devolved from a Guru to a Chela after the death of one Chela to the other Chela. But in