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1982 Supreme(MP) 520

G.P.SINGH, FAIZAN UDDIN
RAMDAS – Appellant
Versus
VAISHNAVDAS – Respondent


Advocates Appeared:
A.R.Choubey, M.V.TAMSKAR, P.C.PATHAK, R.S.AGRAWAL, Ravish Agrawal

G. P. SINGH, C. J.

( 1 ) THIS is a plaintiffs appeal against the judgment and decree dated 21st Sept. 1976 passed by the Second Additional District Judge, Bilaspur, in Civil Suit No. 3-A of 1976.

( 2 ) THE dispute in this appeal relates 1o the succession to the office of Mahant of the Sheorinarayan Math in Bilaspur District. The last Mahant Laldas, hereinafter referred to as the late Mahant, died on 24th Aug. 1958. The possession of the Math and its properties were taken over by defendant-respondent No. 1 Vaishnavdas, who is the Mahant of the Dudhadhari Math of Raipur. The respondent claimed that Laldas executed two wills, one on 11th March 1958, which is a registered will, and another on 15th Aug. 1958, which is an unregistered will, by virtue of which all the properties including the office of Mahant were bequeathed in his favour. The appellant instituted the suit on 19th May 1959 for declaration that he was entitled to succeed to the office of Mahant of the Math and to its properties mentioned in Schedules A to D to the plaint, as Nati Chela of the late Mahant. The appellant alleged that the office of Mahant of the Math descended from Guru to Chela through a long line of Mahants














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