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1979 Supreme(SC) 52

O.CHHINNAPPA REDDY, R.S.SARKARIA
Mahant Amar Parkash – Appellant
Versus
Parkasha Nand – Respondent


Advocates:
C.B.SINGH, HARDYAL HARDY, M.MUDGAL, M.N.Phadke, MOHAN BEHARI LAL, P.H.Parekh

Judgment

CHINNAPPA REDDY, J.:- This appeal is directed against the judgment of the High Court of Punjab and Haryana confirming that of the Subordinate Judge 1st Class, Nabha. The respondent plaintiff filed a suit for a declaration that he was the Mahant of Dera Baba Khiali Das, Khenaura, Tahsil Nabha, District Patiala, that he was entitled to manage the properties of the Dera and that the alienations made by Mahant Krishan Das and Amar Parkash were not binding on him. It was alleged by the plaintiff that Amar Parkash who held power of attorney from Mahant Krishan Das, the previous Mahant of the Dera, had mismanaged the properties and had granted leases of lands belonging to the Dera to his mistress and his brother-in-law. Mahant Krishan Das came to know about the mis-management by Amar Parkash and cancelled the power of attorney which he had previously executed in favour of Amar Parkash. Mahant Krishan Das summoned the general assembly of the Udasi Bhekh and held a meeting, with the help of the Deputy Commissioner, Patiala and the Police on 23rd July 1961. The meeting was attended by other Mahants of Udasi Bhekh. In the general assembly of the Udasi Bhekh, Mahant Krishan Das tendere






















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