G.R. Majithia, J. - (1.) THIS judgment will dispose of R.S.A. No. 1377 of 1980 Mahant Charan Dass v. Mahant Ram Dass and R.S.A. No. 2013 of 1980 Mahant Ram Dass v. Mahant Charan Dass.
(2.) THE parties will be referred to in the body of this judgment as they were described in the plaint. The solitary question arising for determination is, whether any of the parties to the litigation has been validly elected as mahant of mandir Chhatri Wala (for short "the mandir") belonging to Vaishno Ramanandir Bairagi sect (for short "the sect"). The Plaintiff is a mahant of mandir Brahmdas Wala. Polhardas Wala and Jamnadas Wala, situate in village Chhainsa, Tehsil Ballabgarh. He claims that he is the only eligible person to be elected as mahant of the mandir. Siri Ram was the last mahant of the mandir. On his death the Defendant was nominated as the mahant by Nawal Kishore under the alleged delegated authority of the Bhek. Mutation was sanctioned in his favour giving rise to the filing of the suit whereby its validity was challenged. The principal ground of challenge was that the Defendant was not validly elected as a mahant of the mandir. The Defendant controverted the plea of the Plaintiff and, inter alia, pleaded that he was elected as a mahant in the meeting of the Bhek held on January 25, 1970. Mutation was entered in his favour thereafter and the Plaintiff gave his consent that the compensation amount of the land which belonged to the mandir be paid to him. 3. From the pleadings of the parties, the following issues were framed: 1. Whether the Plaintiff is entitled to be the Mahant of Mandir Chkatrivsala Ballabgarh O.P.P. 2. Whether the Plaintiff is entitled to injunction prayed for? O.P.P. 3. Whether the suit has become infructuous as alleged? O.P.P.
(3.) WHETHER the suit is barred by res judicata? O.P.D.;