Judgment

MUKHERJEA, J. :- This appeal by certificate from a judgment of the High Court of Andhra Pradesh arises out of a dispute regarding the succession to the office of the spiritual head (Mohunt) of Sri Swami Mathiramjee Mutt, Tirumalai, Tirupati. The facts out of which the appeal arises may be stated briefly. Succession to the office of the Mohunt of the Mutt is admittedly regulated by custom which provides that upon the death of a mohunt his senior disciple becomes the next mohunt. This is, however, subject to the condition that the senior disciple must be a North-Indian Brahmin. In 1947 Sri Prayagadasjee Varu was the Mohunt of the Mutt. Upon his death in 1947 there was a dispute about the succession to the office of Mohunt between two contestants viz. Sri Narayanadasjee Varu and Sri Chetandossjee Varu. The dispute appears to have been resolved by the intervention of what is described as the Supreme Council of Mohunts viz. the Akada Panchayat. Under the terms of compromise which are to be found in Ex. B-8, Sri Narayanadasjee Varu became the Mohunt and after him, the office was to devolve on Chetendoss and after Chetandoss on a senior disciple of Narayanadasjee Varu. Narayanadasjee Varu died in 1958 and there was again a dispute as to who would become the next mohunt. Chetandoss claimed to be the mohunt under the terms of Ex. B-8 while Sri Rajendra Ram Doss Jee Varu the present appellant before us claimed the office by virtue of his status as a senior disciple of Narayanadasjee Varu. Rajendra Ram Doss Jee Varu filed a suit to established his right. The dispute and the suit were both settled by another agreement between Chetandoss and Rajendra Ram Doss Jee Varu the terms of which are to be found in Ex. B-1. Under this agreement Chetandoss was to succeed Narayanadasjee Varu and, after Chetandoss, the office was to go to Rajendra Ram Doss. Very soon after this, however, on 18 March, 1962 Chetandoss died. This became the occasion for yet another dispute about the succession to the office of the mohunt. Rajendra Ram Doss claimed to be mohunt in terms of the two agreements we have referred to just now and also by virtue of his being the only surviving disciple of Narayanadasjee Varu. Devendra Doss Jee, the respondent in this appeal, however, put up a claim to the office of mohunt by virtue of his position as a senior disciple of the last reigning mohunt Chetandoss. He was, however, a minor at that time and a suit was filed on his behalf by his next friend Sri Mukundadasjee Varu, Mohunt of Bugga Mutt, Tirupati. In that suit he claimed for declaration of his title to the office of the mohunt with all the properties that are attached to that office as well as an injunction against Rajendra Ram Doss Jee Varu restraining him from interfering with the affairs of the Mutt.

2. At the time of the trial of the suit both parties agreed about two propositions:

(i) By immemorial custom and practice, upon the death of a mohunt his eldest or seniormost disciple succeeds to the Gadhi, and

(ii) Only a North-Indian Brahmin is entitled to be a mohunt.

It was contended by each party before the learned subordinate Judge that the other party was not a North-Indian Brahmin. The learned Subordinate Judge held that the defendant Rajendra Ram Doss was a North-Indian Brahmin and was also entitled to succeed as the senior disciple of Narayanadossjee Varu. According to the learned Subordinate Judge the period of mohuntship of Chetandoss was to be treated as a break in the practice of the customary rule that only the seniormost disciple succeeds upon the death of the reigning mohunt. Devendra Doss appealed against this judgment to the High Court. The High Court found on facts that Narayan Doss was not a North-Indian Brahmin and was, therefore, not entitled to being considered as a possible successor to the office of the mohunt. The High Court further held that since Devendra Doss was the senior disciple of Chetandoss he should by the rule of custom succeed to the