A.P.SEN, S.MURTAZA FAZAL ALI
Krishna Singh – Appellant
Versus
Mathura Ahir – Respondent
ORDER :— In order to dispose of the CMP in question, it may be necessary to give a brief resume of the facts leading to this petition.
2. The dispute relates to the property in question which is house No. C-27/33 situate in Mohalla Jagatganj, Varanasi and has now been found by all the courts, including this Court, to belong to Garwaghat Math being constituted an endowment to the Math itself by its owner Guru Atma Vivekanand. In fact, Guru Atma Vivekanand was the father of Sri Krishna Singh and in the suit which was filed, Sri Krishna Singh admitted the fact that his father had become a Sanyasi. Sri Krishna Singh therefore knew very well that his father having taken Sanyas, he died a civil death and the question of inheriting his property or laying any semblance of any title over it did not arise and yet he chose to resist the suit filed by the plaintiff. It appears that in view of the fact that Sri Krishna Singh refused to deliver possession to the Math, Mathura Ahir (later known as Harswanand and who was duly installed as Mahant according to the tenets of Sant Mat) brought a suit for recovery of possession of the house in question from the possession of Sri Krishna Singh who was a
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