Y.K. Sabharwal, J. - (1.) The dispute in this appeal relates to the appointment of the Madathipathi of Shiva Kanchi-Udasi Math, Kanchipuram. The parties or through whom they claim have been litigating for the last more than four decades.
(2.) The Math in question was founded by one Yogadhiana, Mahant Bavaji under an instrument dated 29th January, 1870. The executant of this document described himself as the disciple of Bavaji Niranjan Dass and executed the document in favour of Gurusarandass Bavaji describing him as his chief disciple. This document not only establishes the foundation of the Math but also provides for the mode of devolution of its headship. The outgoing head could nominate his disciple to be the next head. The mode of devolution thus is from Guru to disciple (Sishya Parambarais). Gurusarana Dass Bavaji later succeeded as Madathipathi (hereinafter referred to as 'head'). Gurusarana Dass Bavaji was succeeded by Narayana Dass Bavaji as head under the will dated 2nd September, 1901 executed by said Gurusarana Dass. Mahant Narayana Dass Bavaji remained head of the Math from 1901 to 1925. By a deed of appointment dated 1st May, 1925, Mahant Narayana Dass Bavaji appointed one Ramjidass as the head of the Math.
(3.) Nagendra Dass came on the scene in the year 1928. The appellant claims through Nagendra Dass. Nagendra Dass allegedly appointed Surjan Prakash who in turn appointed the appellant as the head of the Math.;