Judgment

SARKARIA, J.:- The plaintiffs-respondents 1 to 3 instituted a suit in the Court of District Judge, Jhansi, under Section 92 of the Code of Civil Procedure, against Avadh Kishore Dass, defendant-appellant herein, inter alia, on the ground that there was a public religious endowment of considerable area of land in Village Bahawalpura, District Jalaun (U. P.) in favour of the Temple of Shri Thakur Ram Jankiji Maharaj also known as Shri Thakurji Maharaj.

2. The founder of the endowment or trust was one Swami Sewa Das, who was a hermit of a very high order belonging to Rihang Vaishnava Sampraday. He had a large number of followers. His hermitage was in village Bahawalpura, Pargana Konch. District Jalaun. Sometime in the 14th century King Mohamad Shah was passing by that way. He was impressed by the learning of Swami Sewa Das as well as his austerity and personality. The King made a gift of 836 bighas of land as padaragh in the aforesaid village in favour of Swami Sewa Das, in trust for the specific purpose of constructing and maintaining the Temple of Shri Thakurji Maharaj and for due celebrations or Raj Bhog, Puja, Arti, Utsav etc. of the said Thakurji Maharaj. Swami Sewa Das accordingly installed an idol of Shri Thakurji Maharaj after constructing a Temple there. He spent the income of the endowed property for religious purposes such as sewa-puja of the idol and for maintenance of Sadhus of Nihang Vaishanaua Vairagi of Rama Nandi Sampradaya. He was the first Mahant of the Math thus established.

3. In 1526 A. D., Prince Mulla Hafis met the then Mahant Shri Mahesh Das. The Prince examined the sanad granted by the King and reaffirmed the grant. Thereafter, the territory came under various Rulers from time to time, who also granted fresh sanads to the then Mahant of the Math.

4. In 1751, the village came within the dominion of the Gwalior Raj, which granted another Sanad in favour of the then Mahant Rattan Das in the year 1785.

5. In 1843, the village came under the control of the British Government, who resumed the Muafi of half of the village and fixed a sum of Rs. 225/- as the land revenue thereof, while the remaining half of the endowed property was continued as Muafi.

6. In the year 1845 at the time of the revenue settlement when Bhagwan Das was the Mahant of the Math, the land revenue was assessed in respect of the entire endowed estate of the Temple at 50 per cent, while the remaining 50 per cent was declared as Muafi.

7. Bhagwan Das died in 1855. Thereupon, a dispute arose with regard to the succession to the office of the Mahant. One Kamala Das set up a rival claim that he was entitled to become Mahant in preference to Sunder Das. All the documents and Sanads granted from time to time were filed in those proceedings by Mahant Sunder Das in the court of the Deputy Commissioner, Jhansi. But, thereafter, the War of Independence, also known as "Mutiny of 1857" supervened. During that war, the entire record was burnt and destroyed. However, after the war, the British Government duly recognised the endowment and in the settlement of 1869, declared the land of half of village Bhawalpura as Khalsa and the rest as Muafi. A condition was attached that the Muafi would continue so long as the Temple continued to be there and maintained. The same entry was renewed in the settlement of 1888.

7-A. The Mahant of the Math, according to the custom and usage of the Sampradaya, had to remain a Bramhchari and lead a life of celibacy and austerity. According to the usage of the Math, when a Mahant dies, the succeeding Mahant is selected from the Chelas of the deceased Mahant. The senior Chela of the deceased Mahant, having the requisite qualifications, gets priority in the selection of the Mahant in a ceremony called Bhandara by Mandleshwaras. If the deceased Mahant is not survived by any Chela, the Mandleshwara of Konch, Konavar, Kalpi and Rath, gather and elect a person having the aforesaid qualifications to be the Mahant of the Math. Such ele