Sir George Lowndes.-

The question in this appeal is as to the right to appoint a successor to one Kan Das, the bairagi mahant of a mutt in Hardwar, who died in 1923 leaving no chela and having made no appointment to the gadi. On his death the appellant took possession of the mutt, claiming to be entitled thereto as the mahant of a neighbouring institution at Sainwal from which he asserts the Hardwar mutt was founded. The moveable property was locked up in a room by the police. The respondents then came forward with a rival claim as representing another mutt at Koh Kerana. The matter was investigated by the Sub Divisional Magistrate, who held that the appellant had made out a prima facie title to the succession, but ordered the moveables to be kept under lock and seal for a further period of six weeks to enable the respondents to take proceedings in the civil Court, failing which the property was to be made over to the appellant, who was left in possession of the immovable property valued at between two and three lakhs of rupees. The respondents thereupon filed the suit out of which this appeal arises in the Court of the Subordinate Judge of Saharanpur claiming a declaration of their