- (1.) THE present revision is an outcome of the third suit in connection with the Mahantship of the Math Garhwa Ghat of "Sant Mat" Samprdaya, Varanasi. The litigation in connection with the properties and Mahantship of the Math started in the year 1951 and is still continuing despite an elaborate and comprehensive decision of the Supreme Court in the first round of litigation arising with the institution of Original Suit No.469 of 1951. The plaintiff/respondents in continuation of the earlier litigation instituted Original Suit No.1098 of 2010 Hari Kumar and others Vs. Devnath Yadav alias Mahant Swami Sharnanand Ji Mahraj primarily for a decree of declaration that the aforesaid Devnath Yadav and all persons claiming through him are not entitle to hold the office of Mahant of the aforesaid Math as he was not a Sanyasi/Chela who was ever installed as Mahant. The defendant/revisionist in the said suit filed application (Paper No.64 Ga) under Order VII Rule 11 C.P.C. for rejection of the plaint on two grounds: (1) that there is no cause of action to the plaintiff/respondents for the suit; and (2) that the suit is barred by limitation. The aforesaid application has been rejected by the order impugned dated 17.9.2012.
(2.) THUS , in the present revision impugning the above order, the only question which deserves consideration is whether the court below is justified in rejecting the application filed under Order VII Rule 11 C.P.C. so as to permit the suit to proceed on merits or whether the plaint of the aforesaid suit is liable to be rejected under the aforesaid provision. In order to appreciate the controversy it is important to narrate in brief the history relating to the past litigation of the aforesaid Math which is more elaborately contained in the decision of the Supreme Court reported in AIR 1980 SC 707 Krishna Singh Vs. Mathura Ahir. The Garhwa Ghat Math was founded in the year 1925 by one Swami Sarupanand Paramhans, a disciple of Swami Advaitanand. He preached the tenets and precepts of "Sant Mat" Sampradaya. He inducted Baikunth Singh, father of Krishna Singh as his Chela and named him Swami Atmavivekanand. Swami Sarupanand took Samadi in 1936 at Meerut and Baikunth Singh alias Swami Atmavivekanand succeeded him as Mahant. He died on 23rd August, 1948 and was succeeded by the disciple Mathura Ahir alias Swami Harsewanand. Swami Sarupanand was endowed land and building by his followers and in the due course several properties were purchased which all were recognised as the properties of the Math. One of the properties, house No.C-77-33 situate in Mohalla Jagatganj, Varanasi was in possession of Avadesh Narain and others. Therefore, Mathura Ahir alias Swami Harsewanand the then Mahant of the Math brought Original Suit No.469 of 1951 for their ejectment. The said suit was later on converted into a title suit and Krishna Singh, was impleaded as one of the defendants as the occupants claimed that they are in permissive possession of it through Krishna Singh, the then Mahant of the Math. Thus, the Krishna Singh was set up as the Mahant of the Math as against Swami Harsewanand. The suit was decreed and the decree was finally upheld by the Supreme Court vide judgment and order dated 21.12.1979 reported as above. In the aforesaid suit two of the relevant points which arose were whether the Mathura Ahir alias Swami Harsewanand was the Chela of Baikunth Singh alias Swami Atmavivekanand and was entitle to succeed to the properties left behind by him in preference to his son Krishna Singh and whether the aforesaid house was a Math property. The Apex Court affirmed the findings of the court below that the two houses at Varanasi including the suit house were purchased by Baikunth Singh alias Swami Atmavivekanand out of the offerings made by his disciples and therefore were Math properties. It was further held that Mathura Ahir alias Swami Harsewanand was validly initiated as Chela of Baikunth Singh alias Swami Atmavivekanand and succeeded him as Mahant of Garhwa Ghat Math according to tenets of the "Sant Mat" Sampradaya. The defendants of the suit including Krishna Singh were held to be rank trespassers. One Raghunath alias Swami Harshankaranand was recognised as defacto Mahant of the Math on the death of Mathura Ahir alias Swami Harsewanand to participate in the appeal for preservation of its properties.
(3.) THE aforesaid decree of ejectment passed in the suit was put in execution through Execution No.18 of 1960 which remained pending during continuation of the suit by way of appeal in the Supreme Court. On the decision of the Supreme Court, aforesaid Krishna Singh instituted Suit No.153 of 1980 and got the execution stayed which gave rise to proceedings for contempt before the Supreme Court. The Apex Court vide judgment and order dated 7.9.1981 held that the order of the Civil Judge allowing application for stay of execution was a nullity and violative of Article 141 of the Constitution of India. The explanation of the Civil Judge was called for and he was directed to transfer possession of the property from Krishna Singh and others to the decree holder Raghunath alias Swami Harshankaranand and to report its compliance. The Court also observed that it is very doubtful if Krishna Singh who was held to be a rank trespasser in the earlier litigation has any locus to bring and maintain Original Suit No.153 of 1980 but left that aspect of the matter to be decided by the trial court after framing a preliminary issue on that point.;