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16. In view of the above, we hold that the 'petition did not suffer from insufficiency of pleas in regard to the devolution of the office of Mahantship.

17. Now the stage is set to consider the question as to whether the petitioner has established the fact that succession to Mahantship has been from Guru to Chela. The petitioner led oral as well as documentary evidence. Oral evidence in this regard comprised of the petitioner. Mahant Dharam Dass, himself as P.W. 5 Mahant Agya Ram. who claims to be the Siri Mahant of Udasi Bhek, as PW. 6; Mahant Karan Parkash who claimed himself to be the Secretary of Udasi Bhek, as P.W. 7: and Arjan Singh, a resident of village Nanhera. as P.W. 8. The documentary evidence dealing with this aspect comprises of Exhibit P. 9 which is an order dated 18-5-1847 A.D. of the Collector Deputy Commissioner regarding measurement of land. This order pertains to the time when Nikoo Dass Sadhu Udasi was Muafidar and the succession was described as Pusht Dar Pusht Chela Hai, that is. from Guru to Chela. Exhibit P. 10 is a pedigree table of Hakook Malkan from fourth settlement. As per this pedigree-table, the record of rights starts from Hira Dass and goes up to Bhagat Ram. Exhibit P. 1, which is the settlement record of the first settlement, which both the counsel agreed was carried out in the State of Patiala and East Punjab States Union in the year 1861 BK. This document revealed that the land was held by Budh Dass Chela Nikoo Dass. Fakir Udasi Muafidar as owner. Muafi was being held by him in his personal capacity. In this document, an extract from Kitab Pando Basti Doam pertaining to Khewat No. (9 relating to the village in question and forming part of Exhibit P. 1 shows Khasra No. 622. which is shown to be in the ownership of Budh Dass Mahant Muafidar measuring 1 Bigha and 14 Biswas recorded as Ghair Mumkin Samadh Fakirs'. Another extract from third settlement pertaining to Khewat No. 80, forming part of Exhibit P. l, of this very village in the column of ownership records 'Budh Dass Chela Nikoo Dass Mahant Udasi'. Exhibit P.4 is an extract from Muntkhib Khewat Asamiwar Khewat No. 77. Khatauni No. 80. This document indicates the land to be in the ownership of Shamlat of the village in question and Bhagat Ram Chela Budh Dass Sadhu Udasi shown as occupancy tenant. Exhibit P. 5 is an extract from the same record as Exhibit P. 4 and pertains to Khewat No. 70 Khatauni No. 73. In this document, land is shown in the ownership of Bhagat Ram Chela Budh Dass and he is described as 'Qoam Sadh Udasi'. Exhibit P. 6 is an extract from fourth settlement Naksha Khewat Asaamiwar. In this document, Bhagat Ram Chela Budh Dass Sadh Udasi is shown to be the owner of the land. Exhibit P. 7 is Naksha No. 3 Muafi from record of rights of fourth settlement pertaining to the year 1882 A.D. In this document, Bhagat Ram Chela Budh Dass is recorded as owner of the land. Exhibit P. 16 is Naksha Khasra Kishtwar showing Bhagat Ram Chela Budh Dass Sadh Udasi as Muafidar. Exhibit P. 17 is Naksha from Muafi Register of fourth settlement and shows Bhagat Ram Chela Budh Dass as Muafidar. Exhibit P. 18 is an extract from the book containing fourth settlement. In this extract, the land is recorded under the ownership of Shamlat Deh and in the column of cultivation Bhagat Ram Chela Budh Dass Qoam Sadh Udasi is shown as occupancy tenant. Exhibit P. I9 is an extract from Jamabandis mentioned in Khewat Bandobast. This is an extract of the record of rights taken from the settlement record. In this document also, Bhagat Ram Chela Sudh Dass Sadh Udasi is shown as occupancy tenant and Shamlat Deh is shown as the owner. Exhibit P. 2 is a copy of Mutation No. 88 regarding Muafi entered in the year 1913 and sanctioned on 19-1-1914 by the revenue officer. In column No. 15. thereof, on the death of Bhagat Ram. Muafi is recorded in favour of his Chela. Biram Dass and in the column of ownership, first Bhagat Ram is shown as owner of the land and on his death Biram Dass is shown as the owner. Exhibit P. 3 is a copy of Mutation No. 70/73 entered on 8-4-1917 and sanctioned on 9-5-1917. This document also refers to Biram Dass as Chela of Bhagat Ram. Exhibit P. 13 is a copy of Mutation No. 20 sanctioned by the revenue officer in favour of Biram Dass in respect of Muafi op 19-1-l9l4 A.D. It shows that Mahantship on the death of Bhagat Ram devolved on his Chela Biram Dass and they are recorded as Udasi Fakirs Muafidars and owners of the land. Exhibit P. 8 is a copy of the Sanad Patta pertaining to the year 1868 BK, which reads:--

"Today, Muafidar, aforesaid, appeared and the previous file perused. It is clear that the said land was granted Muafi as per order of the Financial Commissioner with the approval of the Senior Commissioner Bahadur till the lifetime of Muafidar. The aforesaid Sadh is of very good behaviour character and also serves Guru Granth Sahib and also serves meals to the Fakirs and pilgrims. As an act of Dharam Arth. It is ordered that subject to the good behaviour (character) and (existence of) Ghar, the said land should remain Muaf for perpetuity and this Robkar having been placed on the file its one copy be given to the Muafidar as Sanad (Certificate) and its one copy also be given in Tehsil Sangrur for placing Sd,-In Urdu Dated 8th May 1866."

Exhibit R. 5 also relates to the Muafi enquiry, in which decision was taken on 29th of August 1882 which when translated reads:

On enquiry....................it is clear that there is Muafi to agricultural land measuring 167 Bighas 14 Biswas Pukhta situate in village Nanhera in favour of Budh Dass Chela Nikoo Dass since past Muafidar produced copy of Robkar before Maharaja Sahib deceased in the Ijlas (meeting) on 24th July. 1804...... Hence the Maharaja being of religious nature he has granted Muafi for perpetuity regarding the given land subject to good behaviour rendering service to Guru Granth Sahib giving meals to Sadhs and pilgrims in favour of Budh Dass Chela 'Vikoo Dass Sadh.' A direction was also given to the officials not to demand new Sanad every year in respect of the Muafi land The Muafidar was also directed that he should use himself the produce of the Muafi land.

42. As already observed the institution must have come into existence at least in the lifetime of Mahant Hira Dass. the earlier documentary record that we have pertains to the year 1868 BK. Exhibit P 8, which is Sanad Patta. The next document is Exhibit P. 9, which is an order of Collect of--Deputy Commissioner) conducting are enquiry to find out as to whether the Mahant Muafidar was holding the land in excess of Muafi. In this document, the words used for Mahant Muafidar are 'Pusht Dar Pusht Chela Hai' and the Mahant Muafidar was at that time Mahant Nikoo Nath (Nikoo Dass).