JUDGMENT

Kendall, J. - This appeal arises from a suit brought by the plaintiff for a declaration that he is the "gaddinashin owner" of the property named in the plaint and the mahanth of Chaitan Math, a Sikh Math, in the city of Benares. The late mahanth, Ratan Singh, died on 23rd June 1928 leaving the defendant-appellant, Satnam Singh, in possession of the math property, after nominating him as his successor and executing a will in his favour. The plaintiff, who is now called Bawan Bhagwan Singh, is by birth a Brahmin, whose Hindu name was Murli, and is the son of a man originally named Mahadeo, who acted as cook of the late mahant for several years. Both father and son were converted, to Sikhism and renamed Hardeo Singh and Bawan Bhagwan Singh, and both, according to the evidence for the plaintiff, were initiated as chelas of the late mahant; and subsequently on 13th April 1928, Bhagwan Singh was installed as mahant under the guardianship of his father, but was afterwards turned out in favour of the appellant, Satnam Singh. The case for the plaintiff was that the will executed by the late mahant in favour of Satnam Singh on 5th June 1928 was a collusive document obtained by fraud