Judgment

MITTER, J.:- This is an appeal from a judgment of the Patna High Court reversing the decree in favour of the plaintiff-appellant declared to be the duly installed Mahant of Turki Math and of all its subsidiary Maths and as such entitled to possession of the properties covered by the decree.

2. The undisputed facts are as follows. In the village of Turki in North Bihar there is a Math or asthal of the Kabirpanthi Bhagataha Vairagi sect established over a century back. There are asthals subordinate to the principal one at Turki located in different districts of Bihar. Devolution of the Mahantship has always been from a Guru to his Chela. Defendant No.2 executed a deed dated December 17, 1951 nominated the first defendant as his successor to the Mahantship and a second deed on September 15, 1952 surrendering his right to the Mahantship in favour of the first defendant with immediate effect. The suit of the appellant was launched in 1959 for a declaration that he himself was the duly installed Mahant of saddar asthal Turki in the circumstances mentioned in the plaint, that the second defendant had ceased to be the Mahant by his voluntary act of retirement and the first defendant