PANKAJ MITHAL, J. - (1.) HEARD Sri Ashish Kumar Singh and Sri A.K. Gupta, learned Counsel for the appellant at length and Sri V.K.S. Choudhary, learned Senior Advocate assisted by Sri Amrendra Singh for the respondents.
(2.) THE dispute in the present second appeal is in respect of the properties left behind by the so called Mahant Bisheshwar Das who expired on 23.12.1975. The plaintiff-respondent Sri 108 Pujyapad Advait Panch Parmeshwar Akhara Bara Udaseen Kydganj, Allahabad through its Mahant Sarju Das Chela Baba Sewa Das Ji as Secretary instituted Original Suit No. 94 of 1976 against the defendant-appellants namely Smt. Rani Devi, Smt. Shakuntala Devi and Krishna Kumar for declaration that the plaintiff be declared the ac­tual owner of house No. 3 Lowther Road (South Malaka),Allahabad and all the bank deposits mentioned in Schedule 'Ka' at the foot of the plaint which include a fixed deposit of Rs. 20,000/- dated 22.12.1975 in the joint name of late Bisheshwar Das and Krishna Kumar (defendant No. 3) and for eviction of the defendants from the aforesaid house.
(3.) THE suit was instituted on the allegation that the plaintiff Panchayati Akhara represented by its mahant is a registered society under the Societies Registration Act. Late Bisheshwar Das was an "udaseen sadhu" and the chela of mahant Dhuni Das. He was a Mukami Mahant (stationed at one place) of the Panchayati Akhara and was its general secretary since 1954 which post he continuously held till his death. Since he was a sadhu, mahant of the Akhara and the Secretary of the society, all his properties are the properties of the Akhara. He had remained unmarried through his life as per the tenets and customs of the akhara, as such the defendants have no concern with the properties left behind by him. The defendant No. 1 is falsely claim­ing herself to be his wife, defendant No. 2 as his daughter and the defendant No. 3 as his 'nati' (daughter's son) on the basis of a succession certificate for which application for revocation has already been moved by the plaintiff. It was further contended that late Bisheshwar Das himself accepted the house in dispute with which he has no concern to be the property of the akhara vide registered deed dated 23.1.1961 executed by him.;