Judgment

AYYANGAR, J.:- The tenability of the appellant s claim to possession of certain properties belonging to the Dera of Sanyasi Sadhus in Mauza Kharak Tahsil Hansi, District Hissar in Punjab is the subject-matter of this appeal which is before us on a certificate of fitness granted by the High Court of the Punjab.

2. The appellant claimed the properties as the successor of the last Mahant of the Dera Kishan Puri who died on February 15, 1951. The fortunes of the litigation started by the appellant have greatly fluctuated. His suit was decreed by the learned trial Judge, was dismissed by the first appellate Court, was again decreed by a learned single Judges of the Punjab High Court on second appeal but this judgment has again been reversed on Letters Patent appeal and the suit directed to be dismissed. On a certificate of fitness granted by the High Court the matter is now before us.

3. The last Mahant of this Dera-Kishan Puri died on February 15, 1951. Immediately on his death disputes seem to, have arisen as regards the succession to the Dera. Neki Puri the original respondent in this appeal (now deceased - claiming to be a Chela of the deceased Mahant appears to have entered i