- (1.) The facts necessary for adjudicating the question involved are that the plaintiff-appellant (for convenience hereinafter referred to as "the plaintiff") filed a suit claiming decree for possession over the properties/lands [21 Bighas, 8 Biswa Kachhi Bhumi (land) No. Khasra 27M and 28M and Bhumi (land) 1 Bigha, 3 Biswa, 10 Biswanshi Kacchi No. Khasra 27M and 28M and Bhumi (land) 19 Bigha, 3 Biswa, 15 Biswansi Khasra No. 4M and Bhumi (land) 30 Bigha Kacchi No. Khasra 4M total Bhumi (land) 71 Bighas, 15 Biswa, 5 Biswansi Kacchi situated at Bhupatwala Kalan, Pargana Jwalapur, Distt. Saharanpur and houses and 4 boundary walls pakka and well with wheels and brick-kiln, garden and tube-well with oil engine and tin shed etc. which have been situated on the above mentioned land presently Khasra No. 4/5 (4/27) 48/6/2(28/26 and 48/28); Description of Boundary No. 1: East Way, West Road Haridwar-Rishikesh, North Land of Sohanlal Mistri, South Nala and after that boundaries of Mahant Sadhu Singh; Description of Boundary No. 2: East Road Haridwar-Rishikesh, South Land of Shankaranand, North Land of Brahamchari and after that Nala, West Forest Land) mentioned in the plaint after adjudging the sale deed dated 5.5.1962 registered on 19.6.1962 invalid executed by Budh Dass in favour of Udasin Panchayati Bara Akhara, defendant No.1- respondent No.1 (for convenience hereinafter referred to as "defendant No.1") to be void and cancelling the same. The suit was filed on the allegations that Mahant Tahal Dass was Udasin of Panth of Revered Shrichand. In the said Panth there is a custom that Mahant cannot marry and he is entitled to initiate a 'Chela'. After the death of Mahant, his eldest chela Dooj Das succeeded to all rights and interests in the properties of his Guru. It is also a custom in the Panth that on the tenth day of the death of Guru there is a ceremony called Dassehra. Akhand Path of Guru Granth Saheb is performed and Bhog is offered and eldest chela of the deceased Guru is acknowledged as the heir of the deceased, whereafter he is known as 'Mahant'. Mahant Tahal Dass initiated the plaintiff-Dooj Das as his chela on 23.7.1937 at the Dera of Bhetiwala, Tehsil Muktasar, District Ferozpur in accordance with the custom, in the presence of respectable persons and from that day the plaintiff became the chela of Mahant Tahal Dass. Mahant Tahal Dass died on 5.12.1957 and the plaintiff being the eldest chela was recognized and acknowledged as successor of the deceased Mahant and thereafter was known as Mahant Dooj Dass. The plaintiff succeeded to all rights, properties and assets of Mahant Tahal Dass. Meanwhile, before the death of Mahant Tahal Dass, defendants Prag Dass, Ishwar Dass and Hari Dass were also initiated as chelas by him. The plaintiff being the eldest chela, succeeded to all the properties left by his Guru, according to the custom. Mahant Tahal Dass acquired the suit properties by permanent leases measuring 71 Bighas, 15 Biswa and 15 Biswansi Kachi situated at Bhupatwala Kalan, Pargana Jwalapur, Tehsil Roorkee, Distt. Saharanpur within the limits of Municipal Board, Hardwar. Mahant Tahal Dass was the permanent lessee of these lands and he was in occupation thereof. He was cultivating the same through his men and sewaks. He was paying lagan also. After the death of Tahal Dass, the plaintiff became the permanent lessee of all the lands. He also had right therein as being the eldest chela, heir and successor of Mahant Tahal Dass. On the occasion of Ardh Kumbhi, the plantiff went to Hardwar for the first time on 11.4.1968 after the death of his Guru to have a dip in the holy Ganges on the sacred day along with his sewaks and there he learnt that one Budh Dass (since deceased) claimed himself to be the chela of Mahant Tahal Dass and transferred the rights under the leases to defendant No.1 through defendant No.2/respondent No.2 (for convenience hereinafter referred to as "defendant No.2") and, therefore, he obtained a certified copy of the sale deed on 19.4.1968. Budh Dass was never initiated as chela by Mahant Tahal Dass and, therefore, he had no right, title and interest over the suit lands. Defendants Nos. 1 and 2 did not derive any right or title in the suit properties by the sale deed. The sale deed was in collusion with defendants Nos. 1 and 2.
(2.) Defendants Nos. 1 and 2 filed their written statement denying the custom alleged in the plaint. As per the defendants, the plaintiff was never initiated as the chela of Mahant Tahal Dass. The last rites of Mahant Tahal Dass were denied to have been performed by the plaintiff. However, the defendants admitted that Mahant Tahal Dass had properties at Bhittiwala, Sheikha, Govindgarh, Karamwala, Rampura and Bhupatwala (Hardwar). It is also admitted that Mahant Tahal Dass died in the year 1957 and the suit property belonged to Tahal Dass on permanent leasehold rights. It is alleged that U.P. Urban Areas Zamindari Abolition and Land Reforms Act, 1956 is applicable to the suit lands and under the Act, proceedings in respect of the lands cannot be initiated in civil court and as such civil court has no jurisdiction to try the suit. It is further pleaded that the defendants had purchased the suit properties bonafide for a consideration of Rs.32,000/- from Budh Dass, who died three years before the institution of the suit. In the written statement, it was alleged that Budh Dass, the transferor who was the chela of Tahal Dass, succeeded to the properties situated at Bhupatwala, Hardwar after the death of his Guru Mahant Tahal Dass.
(3.) Defendant No.6 Hari Dass also contested the suit by filing a separate written statement claiming therein the right, title and interest in the suit property but lost in the trial court, in the first appeal and Second Appeal No. 2713 of 1977 filed by him was withdrawn. Thus, in the present proceedings he is not the contesting party.;