Judgement

PANIGRAHI, C. J :- This is an appeal by defendant 1 against the judgment of the Subordinate Judge, Cuttack declaring the plaintiffs right to succeed to the Mahantship of the Katarpa Math, siftuated in thedistrict of Cuttack, of which the last Mahant wasone Ram Narayan Das. The appellant Tulsiram Das is the son of Mahant Ram Narayan Das by his second wife, Tulsi Dibya, the plaintiff beingthe son of Raja Ram the deceased son of Ram Narayan by his first wife.

2. The plaintiff alleges in his plaint that the Math at Katarpa was founded by one Lalu Das, a Gruhasth Brahmin Vaishnab and that devolution of the succession to the office of Mahant in that Math is governed by the rule of lineal primogeniture. The plaintiff further avers that, in accordance with the direction of the original founder Lalu Das the Mahantship has descended to the eldest male line all along. The plaintiff being an issue of Ram Narayan by his eldest son, claims the headship of the Math as of right according to the rule of primogeniture prevailing in the institution which is admittedly a Vaishnab Mourasi Math of the Sri Sampradaya Sect.

The Late Mahant Ram Narayan Das executed a registered deed dated 23-11-1945