MAHANT AMAR PARKASH & ORS. v. PARKASHA NAND & ORS.

1012 A B #### c D MAHANT AMAR PARKASH & ORS. _v._ PARKASHA NAND & ORS. _January_ 19, 1979 (R. S. SARKARIA AND 0. CHINNAPPA REDDY, JJ.J _l/indu_ _Luw-Successio11_ _to_ _Mahan!_ _of_ _a_ _Dera.--lvlal!a!J.f_ _rcsig11i11g_ _du.1i11g_ _ili5_ _life_ _ti111e_ _ar.d installing his_ _successor-Notfce_ _of_ 1Ytal1ant~' _intention.<;_ _to_ _the_ ~;tntrt..l a.~stmbly _of_ _Mahants and confirmation by_ _it·-S11cccsJor_ _frenf(d_ _as_ _'Sadaq_ _Chela'-Validity_ _of_ _appointment._ In his suit for declaration that he was the Mahant of a Dera, the plaintiff (respondent) claimed that the late Mahant who had previously executed the po,vcr of rittorncy in favour of the defendant (appellant) cancelled it and summoned the General Assen1bly of the Udasi Bhekh which was attended by other Mahants of the Udasi Bhekh and tendered his resignation on the grf'und of old age and ill hea.Jth, that the late J\fahant treated him as Sadaq Chela and that he made him a Mahant by applying Tilak and performing the Pagri ceremony at the Udtasi Bhekh. The defendant on the other hand claimed that it was he who was the chela of the late Mahant who, before his passing away executed two wills appointing him as the successor to the gaddi and that the proceedings making the plaintiff as Mahant were the result of fraud and undue influence exercised by the plaintiff over the late Mahant. Decreeing the suit the Subordinate Judge held that neither party referred to any parti.;ular usage or custom of appointing a Mahant, that upto 1948 the E practice was for the Ruler of the erstwhile State of Nabha to appoint a Mahant, but that in this case the plaintiff was duly and validly installed as the Mahant in the presence of and with the approval of the Udasi Bhekh and that no fraud or undue influence alleged by the defendant \vas established. The Jligh Court confirmed all the findings of the tria·l court. " F On further appeal to this Court the defendant (appellant) contended that (1) the late Mahant was coerced into appointing the plaintiff as his successor and (2) the appointment of plaintiff was invalid in that he \\iJs not a che1a of the late Mahan!. Dismissing the appeal, HEW : 1 (a) On the question whether the late Mahant was subjected to G any pressure to tappoint. the plaintiff as Mahant, both the courts have concurrently found that he was subjected to no such pressure. There is no reason for interference with a concurrent finding of fact by the h'lo courts hclow. [!017 A·BJ ) ' #### u (b) The submission that the High. Court did not consider the complaint said to have been made by the lare Mahant that he had been coerced into appointing the plaintiff as Mahant is without basis. The High Court did refer to the complaint. It confirmed tiie finding of the trial court _that_ the late Mahant who was previously under the influence of the appellant had naain come under his influence when he made the complaint. 1'he presence 'MAHA1':t Al'JAR _V,_ PARKASHA _(Chinnappa Reddy,_ J,) i.0.13: of the police at the installation ceremony far from advancing the appellanfs A case, destroys the case that the Mahant acted under coercion. [1017 C-D] 2(a) In the matter of succession to the office of Mahant the custon1 prevalent in various institutions is that in order to entitle a chela to succeed, he must be appointed or nominated by the reigning Mahant during his life time or shortly before his death and this may be done either by a written declaration or some sort of testamentary document. Even where a Mahant B has the po••cr to appoint his suceeBsor, it is custon1a·<y in v~iriou~ Mutbi that such appointment should be confirmed or recognised by the members of the religious fraternity to which the late Mahant belonged. When a Mahant re.signs during his life time and installs his successor, on the gaddi the fraternity is made aware of the proposed vacancy in the office a•Jd ii given an oppo1tunity of confirming or refusing to coniirrn the nominee. [1016 _D, E, G] ##### c }!;!. the instant case the document executed by the late Mahant on the _>(_ date of the installation of the plaintiff as Mahant was attested by all the ## t visitins Mahants of the Udasi Bhekh who assembled at the Dera .. The plain }!;!. the instant case the document executed by the late Mahant on the date of the installation of the plaintiff as Mahant was attested by all the visitins Mahants of the Udasi Bhekh who assembled at the Dera .. The plaintiff was described as Srdaq Ch'ela of the late Mahant. This document showed that the late Mahant accepted the plaintiff as chela and appointed him as his successor. (1017 E-1018 Al (b) The Subordinate Judge found that none of the three earlier Mahants of the Dera who succeeded to the gaddi was a chela of each of bis predecessors. [1018 Bl _Maltanl Satnan1 Singh_ v. _Bawan Bhagwart Singh,_ AIR 1938 PC 216; re· fcrrcd to. 0 Mukhcrjea's Hindu Law of Religious & Charitable Trusts (Third Edition) E referred to. , ClvIL APPELLATE JURISDICTION : Civil Appeal No. 2153 of· ~ 1969. Appeal by Special Leave from the Judgment and Decree dated ..j 12-8·69 of the Punjab and Haryana High Court in R.FA. No. 357 F of 1963. ##### • _Hmdayal Hardy,_ _P._ _Ii._ _Parekh,_ C. _B. Singh_ and _M. Mudgal_ for the Appellants. _M._ _N._ _Phadke, Mohan Behari_ _Lal_ for Respondent No. L The Judgment of the Court was delivered by G CHINNAPPA REDDY, J.-This appeal is directed against the judgment of the High Court of Punjab and Haryana confirming that of the Subordinate Judge 1st Class, Nabha. The respondent plaintiff filed a suit for a declaration that he was the Mahant of Dera Baba Khiali Das, Khansura, Tehsil Nabha, District Patiala, that he H was entitled· to manage the properties of the Dera and that the alienations made by Mahan! Krishan Das and Amar Parkash were not B ##### c D F G H 1014 SUPREME COURT REPORTS 11979] 2 S.C.R. binding on him. It was alleged by the plaintiff that Amar Parkash who held power of attorney from Mahant Krishan Das, the previous Mahan! of the Dera, had mismanaged the properties and had granted leases of lands belonging to the Dern to his m:stress and his brother-in-law. Mahant Krishan Das came to know about the mismanagement by Amar Parkash and cancelled the power of attorney which he had previously cxccu~cd in favour of Amar Parkash. Mahan! Krishan Das summoned the general assembly of the Udasi Ghekh and held a meeting, with the help of the Deputy Commissioner, Paiiala and the Police, on 23rd July 1961. The mcetine, was attended by other Mahants of Udasi Bhekh. In the general assembly of the Udasi Bhekh, Mahant Krishan Das tendered resignation of office of Mahant on the ground of old age and ill health and appointed the plaintiff as his successor Mahant. This was accep'.ed by all the Mahants of Udasi Bhekh. Mahant Krishan Das, treating the plaintiff as his Sadaq Chela, applied Tilak, performed Pagri ceremony with his own hand and duly installed the plaintifI as the Mahant. The visiting Mahants also performed the Pagri ceremony. Despite the installation of the plaintiff as Mahant of the Dera, Amar Parkash continued his activitks and started obstrncting the plaintiff from discharging his obligations as Mahant. The plaintiff, therefore, filed the suit for a declaration that he was the Mahant of the Dera and for other reliefs. The defendant Amar Parkash raised the pica that he was the chela of Muhant Krishun Das and that Mahant Krishan Das who died on 30th December, 1961, had executed two Wills on 17th July, 1955 and 24th September, 1961, appointing him as the Mahan! to succeed him. It was alleged that the proceedings which took place on 23rd July 1961 were the result of fraud and undue influence exercised over Mahan! Krishan Das. On the plead in gs of the parties the primary question which aros;o for consideration was whether the plaintiff was validly appointed as Mahan! of Dcra Buba Khiali Das. The learned Subordinate Judge, Nabha framed two principal issues. Issue No. 1 was : "What was the particular custom or usage prevailing in the Dera in dispute for the appointment of a Mahan! on the relevant date ?" J~ue No. I-A was : "whether the plaintiff was ;"alidly appointed the Mahant of the Dera in accordance with the prevalent custom ?" The learned Subordinate Judge noticed that neither party pleaded or referred to any particular usage or custom for appointing a Mahant ·~ .. ###, ###### ' ' ( ._i.. MAHAlff AMAR _v._ PARKASHA _(Chimiappa Reddy,_ J.) 1015 for the· disputed Dern. He also noticed that the documentary evidence showed that the final appointment of Mahants for Deras in the Nabba State Was required to be approved by the Ruler of the State. Leaving the matter there, the learned Subordinate Judge found that the plaintiff was duly and validly installed as Mahant of the Dern by Mahant Krishan Das in the presence of and with the approval of Udasi Bhekh. He held that the plea of fraud and undue influence raised by the deicndant was not established. On those findings the suit Was decreed. The first defendant Amar Parkash preferred an appeal to the High Court of Punjab and Haryana. During the pendency of the appeal the plaintiff sought an amendment of the plaint in order to enable him to expressly plead the particular custom relating to succession to the office of the Mahant of Dera Baba Khiali Das. The amendment was allowed and the High Court directed the Subordinate Judge to record additional evidence and submit a report giving his finding on the question whether the custom pleaded by the plain•ifl' was established and if so, wh~ther the plaif!tiff was appointed in accordance with such custom. After recording additional evidence the learned Subordinate Judge submitted a report to the effect that the custom al1eged by the plaintiff was not established and that upto 1948 the practice was for the Ruler of Nabha State to appoint the Mahan!. After receiving the report of the learned Subordinate Judge,. the High Court heard the appeal. It was conceded by the learned Counsel for the appellant before the High Court that in view of the· report of the learned Subordinate Judge, the appeal should be decided on the basis of the evidence adduced before the Trial Court prior to the order of the High Court calling for a report from the Trial Court. On that basis the learned Counsel for the appellant attacked the finding on issue No. 1-A only and did not assail the findings on the other issues. The High Court confirmed the finding of the Trial Court that there was no undue influence exercised over Mahant Krishan Das and that the plaintiff was validly appointed and installed as Mahant of the Dera. A B ###### c D E In the first instance Shri Hardayal Hardy, learned Counsel for G the appellant invited us to explore the evidence and the case 'law to find out the custom relating to succession to the office of Mahant of Deras in Nabha State in general and Dera Baba Khiali Das in particular. Ultimately, however, he conceded that if the plaintiff was shown to have been validly appointed and installed as Mahant by iate Mahant Krishan Das at the ceremony held on 23rd July 1961, ff the plaintiff was entitled to succeed. He argued that late Mahan! Krishan Das was covered into appointing and installing the plaintiff # ) " **A** **B** ##### c **D** **E** **F** **G** **H** 1016 SUPREME COURT REPORTS . [1979) 2 S.C.R· as Mahant and therefore, the appointment of the plaintiff as Maha.at of the Dera. was invalid. He also argued that the plaintiff **wa11** nol a chela of Mahan! Krishan Das and, therefore, he could not have boen validly appointed as Mahant of the Dera in question. As pointed out in _Mukhe1jea's_ _Hindu Law_ _of_ _Religious_ and _Charitable Trusts_ (Third Edition), sucoession to the office of Mahan! is a matter of some complexity and the custom varies greatly from institution to institution. Generally speaking, it is pointed out, Mutts may be divided into three classes : Mourasi, Panchayati and Hakimi. "In the first, the office of the Mohunt is hereditary and devolves upon the chief disciple of the existing Mohunt who moreover usually nominates him as his successor; in the second, the office is electi•e, the presiding Mohunt being selected by an assembly of Mohunt11. In the third, the appointment of the presiding Mohunt is vested in the ruling power or in the party who has endowed the temple". It is also said "In various institutions the custom is that in order to entitle a chela to succeed, he must be appointed or nominated by the reigning Mohunt during his life time or shortly before his death and this may be done either by a written declaration or some sort of testamentary document". It is further said "Even where the Mohunt has the power to appoint his successor, it is customary in various Mutts that such appointment should be confirmed or recognised by the members of the religious fraternity to whicli the deceased belonged". In _Mahant Satnam Singh_ v. _Bawan Bhagwan Singh(')._ the Privy Council while noticing that succession to the office of Mahant was to be regulated by the particular custom of the Math, observed as follows : "In the normal case of the death of a Mahan!, the members of the fraternity will be fully aware of the vacancy in the office, and the usual practice will be for the installation of his successor usually nominated by him, to take, place on the seventeenth day after the death. On the other hand, when the Mahan! resigns during his life and installs his successor on the gaddi, it is obvious that the fraternity should be made aware of lhe proposed vacancy in the office and should be given the opportunity of confirming or refusing to confirm the nominee". It is unnecessary for us to make any further investigation into the custom relating to the appointment of Mahan! since, in the light of the submissions made before us, two questions alone arise for consideration namely whether Mahant Krishan Das was coerced into appointing tl1e plaintiff as his successor Mahant and whether the appointmel!t of the plaintiff was inv'.1\ict on the ground llf - his not being a Chela of Mahant Krishan Das. (l) A.l.R. 1938 P.C. 216. ; #### • ' MAHANT AMAR _v._ PARKASHA _(Chinnappa Reddy,_ _J.)_ I 017 On the question whether late Mahant Krishan Das was subjected to any pressure to appoint the plaintiff as Mahan!, both the Courts below have concurrently found that he was subjected to no such pressure. The finding is one of fact and we are unable to see any :round justifying our interference with a concurrent finding of fact. Shri Hardyal Hardy submitted that the High Court failed to consider the complaint said to have been made by late Mahant Krishan Das a few days after the installation of the plaintiff as Mahant in which he stated that he had been coerced into appointing the plaintiff as Mahant. Shri Hardyal Hardy also submitted that the evidence showed that the ~ervices of the Police had been requisitioned to pressurise late Mahan! Krishan Das. The submission that the High Court did not consider the complaint said to have been made by late Mahan! Krishan Das is without basis since we find that the High Court did refer to the complaint. The High Court confirmed the finding of the Trial Court that late Mahant Krishan Das who was previously under the influence of Amar Parkash had again come under the influence of Amar Parkash when he made the complaint. With regard to the presence of the Police at the installation ceremony we are of the view that the presence of the police, at the ceremony, far from advancing the appellant's case, destroys the case that Mahant Krishan Das acted under coercion. The question that remains for consideration is whether the plaintiff was the Chela of Mahant Krishan Das and whether he could be validly appointed, if he was not the Chela. In Exhibit P-7 dated 23rd July 1961 which was executed by Mahant Krishan Das and attested by all visiting Mahants the plaintiff Parkasha Nand was described as 'Sadaq Chela' of Mahant Krishan Das. The ceremony which took place on 23rd July 1961 was described by Parkasha Nand in the following words : "The congregation sat on the durries on the first floor of the Dera. About 25 Mahants and about 30 villagers sat on those durries. Mahant Krishan Das offered a Tilak on my forehead. Mahan! Bikram Dass collected turbans from the Mahants who were present there and tied five turbans on my head. Mahant Som Parkash offered me a Doshala and sugar-cakes were distributed. All these proceedings were gone through with the free and voluntary consent of late Mahant Krishan Das and no pressure was brought to bear on him. Mahant Krishan Das was not confined. Exhibits P6 to PS were written at that time and the people who A B ##### c D E F _G_ H ) A 1018 SuPREME COURT REPORTS [ 1979) 2 S.C.R. were present had affixed their signatures and thumb**impressions** **thereon''.** We are satisfied that late Mahant Krishan Das accepted the plaintiff as his Chela and appointed him as his successor Mahan!. We may also mention here that the learned Subordinate Judge in his report B mentioned that Pandit Bhagtanand who was previously a Mahant of the Dern was not a Chela of his predecessor Mahan! Sunder Das and that Mahan! Krishan Das himself was not a Chc:la of his predecessor Mahan! Bhagtanand. We arc unable to see any ground for inteference and the appeal is ##### c accordingly dismissed with costs. N.V.K. _Appeal dismissed._