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1937 Supreme(SC) 96

Mahant Har Kishen Das – Appellant
Versus
Satgur Prasad – Respondent


Advocates Appeared:
Nehra and Co., Hy.S.L. Polak and Co., J.B. Godfrey, A.M. Dunne, W. Wallach, L.P.E. Pugh

Sir George Rankin:-

This consolidated appeal arises out of execution proceedings in the Court of the Subordinate Judge at Bahraich to enforce a certain provision in a decree made on 28th November 1927, by a Judge of the Chief Court of Oudh in its original jurisdiction. This decree had been modified as a result of appeals to that Court in its appellate jurisdiction and to His Majesty in Council. The decree of the Appellate Bench is dated 2nd May 1928, and the judgment of the Board was delivered on 18th January Sat gut Prasad v. Har Narain Das. (1932) 19 AIR PC 89=136 IC 108=59 IA 147=7 Luck 64 (PC). The suit in which the decree was passed was brought on 21st February 1927, by Mahant Har Narain Das (in this judgment referred to as Narain Das) against the present respondent, whom their Lordships will refer to as Satgur Prasad, and two other persons. The plaintiff's case in outline was as follows :

For many years there had existed in the City of Lucknow a sangat or Udasi shrine to the mahant of which valuable taluqdari property and certain other property moveable and immovable belonged. This institution had been founded by one Baba Hasara in the eighteenth century or earlier ; and at the





















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