Judgement

Appeal from a judgment and decree of the High Court (March 11, 1912) reversing a judgment and decree of the Subordinate Judge of Saharanpur (November 29, 1909).

The appeal related to the appointment of a mahant of a temple, belonging to the sect of nihang gossains, of which the principal gaddi was at Hard war. The founder of the math died in 1849, without having laid down any rules as to the succession to the mahantship. The last mahant died in 1905, and the respondent was, at the dates of the suit and the appeal, in possession of the temple and of the properties appertaining thereto.

In 1909 the appellant instituted a suit against the respondent in the Court of the Subordinate Judge of Saharanpur. By his plaint he alleged, inter alia, that he was the sadhak (disciple) of the late mahant; that the mode of appointing the mahant of the temple was " that mendicants (fakirs) of all the ten classes (dasnam bhik) from Hardwar and its vicinity assemble at Hardwar on the thirteenth day ceremony after the death of the last mahant, and elect his sadhak provided he is fit to do the management" ; and that he was duly appointed according to that custom. He claimed a decree for possess