Mr. Ameer Ali :-

These two consolidated appeals from a judgment and two decrees of the High Court of Calcutta, bearing date the 22nd July, 1913, arise out of two suits brought by the plaintiff-respondent in the Court of the Subordinate Judge of Darbhangah on the 8th July, 1907. The object of both suits was to recover possession of certain landed property alleged to have been improperly alienated during the plaintiff's minority by one Chatter Pandey, purporting to act as his guardian.

The facts on which the two actions are based are fully set forth in the judgment of the High Court, It is not necessary therefore to give more than a bare outline.

The plaintiff-respondent is admittedly the present Mahant of the Bairagi Asthal of Lowthwa, in the district of Darbhangah. His predecessor, Janki Das, died in 1894. Before his death he appears to have appointed the plaintiff (his nephew by blood relationship) his successor to the office of Mahant, and it is alleged, and not controverted, that his nomination was confirmed, in accordance with the custom governing the succession to the Mahantship, by the Mahants of the neighbouring Asthals. It is not disputed that at the time of Janki Das' death t