The primary question raised in this appeal, by special leave, relates to maintainability of the cross objection filed by the Math before the Division Bench of the High Court of Rajasthan (Jodhpur V Bench) in Civil Appeal No. 20 of 1975. The Division Bench has dismissed the cross- objection as not maintainable.

The background facts are these:

One Lalgiri Maharaj was a previous Mahant of the Math. He had several vices. He mismanaged the Math and recklessly disposed of its properties. On August 19, 1963 Lalgiri gave on lease the land measuring 2211 Sq. yards in favour of Madan Mohan. The lease was for 99 years with monthly rent of Rs. 30. Again on March 22, 1968 Lalgiri sold 446 sq. yards of land to Madan Mohan. It was out of the land which was already leased to Madan Mohan. The sale was for Rs.4,000 Madan Mohan constructed some shops on a portion of the land purchased. He first, rented the shops to Jankidas and Mohan Lal and later sold the same to them for Rs. 15,000. Madan Mohan is the first respondent, Jankidas and Mohanlal are respondents 2 and 3 before us. There was yet another transaction between the same parties.

On April 8, 1969 Madan Mohan sold a piece of land measuring 124 sq.