Judgement

Appeal from a judgment and decree of the High Court (August 26, 1910) reversing a judgment and decree of the Subordinate Judge (Second Court) of Mozufferpur (June 16, 1909).

The suit related to the mahantship of a math known as asthal Patepur, of which the first respondent became mahant in 1866. By a will made in 1890 he nominated his nephew the second respondent (Ram Partab Singh), described as his senior chela, to succeed him. By a deed executed in 1897 he purported to constitute the second respondent mahant in his place, and made over to him the properties of the asthal subject to certain conditions. These conditions included the reservation of an annuity of Rs. 12,000 and of a consultative right in the affairs of the asthal, together with a provision that the second respondent should not be entitled to appoint a successor without the sanction of the grantor. The second respondent was ceremoniously instituted as mahant, and mutation of names took place as to the properties. By an ekrarnama entered into by the respondents in 1904 it was agreed that the third respondent, the brother of the second respondent, should succeed the latter as mahant.

In 1906 the appellant inst