GENDA PURI Vs. CHATAR PURI

JUDGEMENT

(1.) THE suit in this case was brought by the first of the appellants for a declaration of right in respect of the moveable property and for possession of the immoveable property of one Kapur Puri, goshain, the Mahant of a religious establishment in mauza Godha, in the district of Mainpuri, who died on the 21st December 1873, which Genda Puri claimed as his disciple appointed to succeed him. At the time of his death Kapur Puri had two disciples, Genda and his brother Ramjit. Their Lordships think this was proved, and that the reasons given by the Judges of the High Court in their judgment for not being satisfied with the evidence of it, contrary to the finding of the Subordinate Judge, are not of any weight. The respondent, Chatar Puri, had also become a disciple of Kapur Puri before the year 1868, but it was alleged by Genda Puri that he had some time before January 1872, been expelled by Kapur Puri for misconduct and had ceased to be a disciple. A wajib-ul-arz, dated the 4th February 1872, of mauza Ghaaspur, part of the property in dispute, which was proved to have been verified by Kapur Puri, was relied upon by the plaintiffs. It contained a statement that he was the present lambardar of the village, and that any person whom he might make a chela (disciple) would succeed him as lambardar after his death. As yet he had made no chela. In case he made no chela, his ablest and nearest relation would be lambardar after his death.

(2.) THE statement that he had made no chela is not only inconsistent with Chatar Puri being then a disciple, but also with the evidence as to the time when Genda and Ramjit became disciples, which would seem according to some of it to have been before the date of the wajib-ul-arz. It was proved by Mathura Puri, a goshain, that Kapur Puri, about 20 days before his death, being then ill, called a meeting of the goshains and householders of the neighbourhood, and in their presence said, "I am sick, there is no hope of my recovery; after my death instal Genda Puri on the gaddi and appoint Ramjit Puri as house-steward (bhandari); both of them are my disciples." According to Tikam Puri, another witness, his words were, "You are all my brethren. I have no hope of my life. If anything happens to me, place Genda Puri on the gaddi and make Ramjit Puri bhandari." Another witness, Shib Lal Puri, said the words were, "I have made two disciples, viz., Genda Puri and Ramjit Puri. I am ill. There is no certainty of life. Should I die and a dispute arise (between the disciples), you all should give the gaddi to Genda Puri and make Ramjit bhandari." Several other witnesses gave similar evidence.

(3.) THERE was no installation of either Genda Puri or Chatar Puri. The latter being in possession, Genda Puri brought a suit against him in forma pauperis, claiming as heir to Kapur Puri according the Hindu law and the custom prevailing in the goshain sect. The claim to sue in forma puperis was disallowed, and he and Ramjit then brought a emit for a declaration of right, with a Court-fee of Rs. 10, which was dismissed, on the ground that it ought to have been for possession, a suit which required a much higher Court-fee. The present suit was then brought, the appellant, Hazari Lai, having been made a co-plaintiff after its institution in respect of an interest which he had acquired.