RAM DULARI SARAN Vs. YOGESHWAR SRI RAM BALBHACHARYA JI

JUDGEMENT

(1.) THIS is an application by Mahant Ram Dulari Saran who alleges himself to be the Chela of Mahant Siabar Saran for punishing the respondents for contempt of court. The first respondent Sri Yogeshwar Sri Ram Balbhacharya Ji is the printer and publisher of a Hindi Weekly called 'virakt,' the second respondent is 'virakt' through its proprietor Brahmachari Sri Basudevacharya, the third respondent is Brahmachari Sri Basudevacharya, the fourth is Sri Ram Gopal Pandey, the editor of Virakt while the fifth respondent is one Mahabir Das.

(2.) IT was alleged that one Ram Priya Saran had constructed a temple in Mohalla Ram Kot, Ayodhya city, wherein he had installed a deity called Thakur Anand Behari ji' and had endowed certain properties to the deity. Ram Priya Saran had appointed himself as the first sarbarakar of the temple and its properties and had mentioned in the deed of trust executed by him that on his death his chela Siabar Saran would become the Sarbarakar of the endowment. Thereafter, Siabar Saran was empowered to appoint his successor in accordance with the conditions laid down in the deed of trust. One of the qualifications for a Sarbarakar mentioned in the deed of trust is that the person to be appointed as Sarbarakar should be of good character and he should be a 'vaishnava Virakt Ramanandi Brahman. " Mahant Siabar Saran had succeeded his Guru Ram Priya Saran as the Sarbarakar of the temple. He died on 6-10-1959 without appointing any successor. The claimants to the Mahantship after the death of Mahant Siabar Saran are the petitioner Ram Dulari Saran and the 5th respondent Mahabir Das. The fifth respondent says that his correct name is Mahabir Saran and the petitioner has wrongly described him as Mahabir Das.

(3.) SUIT No. 22 of 1962 was instituted by Mahabir Das in the court of the Addl. Civil Judge, Faizabad for declaration that he was the Sarbarakar of the temple and its properties and possession of the endowed properties be given to him. Suit No. 1 of 1963 was filed by the petitioner, Ram Dulari Saran, for declaration that he was the chela of the deceased Mahant and he was the Sarbarakar of the endowed properties. It appears that the fifth respondent Mahabir Das is Bhumihar by caste while the petitioner Ram Dulari has a wife and children. The right of the petitioner Ram Dulari Saran to succeed to the deceased Mahant was challenged by Mahabir Das on the ground that Ram Dulari Saran being a householder could not be said to be Virakt person and, therefore, he was disqualified from becoming the Sarbarakar of the endowment. Ram Dulari Saran assailed the right of the fifth respondent Mahabir Das to succeed to the Mahantship on the ground that since Mahabir Das was a Bhumihar and Bhumihars are not Brahmans therefore he was disqualified from succeeding to the Mahantship of the temple.