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1983 Supreme(P&H) 560

RAJENDRA NATH MITTAL
Iqbal Singh – Appellant
Versus
Santokh Singh – Respondent


Judgment

1. This first appeal hay been filed by the plaintiff against the judgment of the Subordinate Judge Ist Class, Amritsar, dated 10-10-1974.

2. Briefly, the case of the plaintiff is that the property in dispute was owned and possessed by Dharamsala Partap Singh situated in Amritsar. The property was debutter property dedicated to the Dharamsala for religious and charitable purposes, namely, for residence, maintenance and feeding of the Sadhus and other poor persons. Mahant Mehal Singh Chela Mahant Vir Singh was the Mahant of the Dharmsala. He became very weak on account of old age and generally remained ill. He, therefore, became disabled to perform the duties as a Mahant. Consequently, on 29-4-1968, he resigned from Mahantship and appointed the plaintiff as the Mahant of the Dharmsala in accordance with the custom of the Nirmala Bhekh Sadhus after performing the customary rights in the presence of gathering of Nirmala Sadhus. He therefore entered into the possession of Dharamsala and started performing the duties of the Mahant. Since then he has been managing the property. The case of the plaintiff further is that the defendants alleged that they took the property on lease. I
































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