Judgement

Consolidated Appeal (No. 34 of 1924) from four decrees of the High Court (April 12, 1922) reversing four decrees of the Subordinate Judge of Muzafferpur (September 12, 1918).

The four suits giving rise to the consolidated appeal were brought by the first respondent on November 30, 1916, to recover from the defendants (appellants) certain immovable properties with mesne profits ; two other plaintiffs who had acquired an interest in the properties were joined as plaintiffs. By his plaints the first respondent claimed to be mahant of a math of Sanyasis in succession to one Bhawan Gir, and alleged that the properties were math properties which had been alienated by Bhawan Gir without legal necessity. A suit brought by the first respondent in 1895 to recover mahant properties alienated by Bhawan Gir had been finally dismissed on November 30, 1897, on the ground that it was not established that Bhawan Gir was dead. The present plaint alleged that since the decision of the High Court in 1897 nothing had been heard of Bhawan Gir, and the Court was asked to presume that his death took place on November 30, 1904, and that the cause of action arose at that date.

The defendants, amon