Judgement

JAGANNATHA SHETTY, J.:- In the town of Bikaner there is a Math known as Juna Math. The first appellant is the present Mahant of the Math. The second appellant is the presiding deity of the Math. For convenience and brevity we will refer to them collectively as the Math.

2. The primary question raised in this appeal, by special leave, relates to maintainability of the cross objection filed by the Math before the Division Bench of the High Court of Rajasthan (Jodhpur Bench) in Civil Appeal No. 20 of 1975. the Division Bench has dismissed the cross-objection as not maintainable.

3. The background facts are these :

One Lalgiri Maharaj was a previous Mahant of the Math. He had several vices. He mismanaged the Math and recklessly disposed of its properties. On 19-8-1963 Lalgiri gave on lease the land measuring 2211 Sq. yards in favour of Madan Mohan. The lease was for 99 years with monthly rent of Rs. 30/-. Again on 22-3-1968 Lalgiri sold 446 sq. yards of land to Madan Mohan. It was out of the land which was already leased to Madan Mohan. The sale was for Rs. 4,000/-. Madan Mohan constructed some shops on a portion of the land purchased. He first rented the shops to Jankindas and M