B.D. Agrawal, J. - (1.) THIS is plaintiffs' appeal. The following pedigree serves to elucidate the relevant facts of the case: - -
(2.) SRI Ram Chandra Raghunathji is a deity installed in a temple situate in Mohalla Bajaria, Bareilly. According to the plaintiffs the deity was installed over a century ago. Smt. Ramdei (widow of Nandram) dedicated nine biswas of zamindari property to the deity. Later, under a registered waqfnama dated April 14, 1866 she dedicated remaining one biswas besides other properties to the deity. Maharaj Dharnidhar was made the Sarvarakar. It was also provided that subsequent to Maharaj Dharnidhar; the Mahant will be "Virakt Jeehaq". It is not in dispute that Maharaj Dharnidhar nominated his Chela namely, Girdhar Ramanujdas as the Sarvarakar under the will dated 22 -1 -1886 (Ex. 2). Girdhar Ramanujdas nominated his Chela Basudeo Ramanujdas in the will dated 2 -2 -25/22 -2 -31 (Ex. 6/7). Basudeo Ramanujdas died on March 24, 1951. The suit giving rise to this appeal instituted far back on October 20, 1955 by Ram Bharosey Lal (since dead) contending that on the death of Basudeo Ramanujdas intestate, he was the Sarvarakar being of the family of the founders. Baradraj, the defendant proclaimed himself as the Chela of Basudeo Ramanujdas and interfered with his possession. He also applied for mutation in his name. The relief sought is perpetual injunction and in the alternative possession over the house and two shops pertaining to the temple.
(3.) THE defendant resisted the suit. He pleaded that Basudeo Ramanujdas had made him chela on Ram Navami, 1946. Upon the death of the Guru, he succeeded him formally on May 11, 1951 at a ceremony held for the purpose. He is 'Virakt Jeehaq'. Ever since he has been the Sarvarakar and in management of the properties as such. It is refuted that Ram Bharosey Lal is Sarvarakar or that he has had any interest. It is claimed also by the defendant that he is Vaishnav of Ramanuj Sampradaya and is named Baradraj Ramanujdas.;