AGARWALA, J.:- This is a special appeal from a judgment of a single Judge of this Court in a case under Art.226 of the Constitution. The dispute relates to the succession to the mahantship of a math known as the Jotir Math. The Jotir Math is one of the four maths founded by the first Shankaracharya at the four corners of India, and is situated in Pauri Garhwal in this State. The other maths are at Shringiri in Mysore, Gobardhan Peeth in Puri and Sharda Peeth in Gujerat. The Mahants of these maths are also called Shankaracharyas. The last Shankaracharya of Jotir Math was swami Brahmanand Saraswati who died or. 20-5-1953. He was alleged to have executed a will, dated 18-12-1952, by which he had nominated as his successor to the mahantship of Jotir Math, as also to his personal properties, Swami Shantanand Saraswati, the appellant before us. Some persons, including respondents 3 to 6, were dissatisfied with the nomination of the appellant to the mahantship and they challenged the accession of the appellant to the mahantship of the math.

The four respondents - 3 to 6 - as well as one Swami Sarupanand made an application to the Advocate General on 25-11-1953, asking him to accor