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Sir, The petitioner prays as under:.
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3. That name of the institution has been wrongly mentioned with ulterior motives. The name is not 'Gurdwara Sahib Padshahi Naumi, Sadhan'. The institution is a Dera a: the Udasi Sadhus Bhekh. It has Samadhan of the saints, which are worshipped by the people of the villages. It has a Mandir also which is worshipped by both Hindus and Sikhs of the locality.
4. This Dera has the property mentioned in the list published along with the notification. This property devolves on the Chela of the Mahant after his demise or if it pleases the Mahant, in his lifetime. The property devolves by inheritance and the petitioner is in possession of the property and the Deera as a Mahant and Mohtamim of the institution. He has very right, title and interest in the Dera ad the property. Nobody else has got any right, title or interest in this Dera or property.

* * * * * * * * * * * * * * * * * * A perusal of the aforesaid portion of the pleadings would show that m the title the office-holder', in para 3 of the petition he has asserted that the institution has been wrongly mentioned as 'Gurdwara Sahib Padshahi Naumi, Sadhan', and that, in fact, it is a Dera of Udasi Sadhu Ehekh, and in para 4 the petitioner has pleaded that the said Dera owns property which devolves on the Chela of the Mahant after his demise or of it pleases the Mahant, in his lifetime. The property devolves by inheritance and the petitioner is in possession of the property and thc Dera as Mahant and Mohtamim of the institution.

1l. It is no doubt true that in para 4 of the petition the petitioner has not mentioned in so many words that the office of Mahantship devolves b; inheritance from Guru to Chela nominated by his Guru after his death or if it pleases the Guru, in his lifetime. The petitioner has used the word 'property'. The pleadings however, are not to be construed literally and technically. One has to see the essence thereof and the intention flowing therefrom. In Para 4 of the pleadings it is mentioned that the Dera owns the property. The Dera is a justice person. The juristic person does not die. So the question of the property of the juristic person devolving on someone does not arise. The property, which is in the name of the institution-a juristic person--would always remain in the name of the juristic person. Only the property of such a juristic person is managed and appropriated by the Mahant. In other words, the management and right to use the property of such a juristic person can devolve on no other person than the Mahant of the said juristic person. 1n other words, the Mahanta the de facto proprietor of the property attached to the Dera and it is so held by their Lordships of the Supreme Court in the Commr., Hindu Religious Endowments, Madras v. Sri Lakshmindra Thirtha Swaniar of Sri Shintr Mutt, AIR 1954 SC 282. In this regard, the following observations therefrom can be noticed with advantage:

The petitioner, when he mentioned that the property of the Dera in question devolves on the Chela of the Mahant. after his demise or if it pleases the Mahant, in his lifetime, had. in fact, in his mind the office of Mahantship and had referred to the devolution thereof from Guru to Chela by inheritance.

12. In view of the above. we find no merit in the first limb of the criticism of time pleadings.

13. While dealing with the second aspect of the criticism of the pleadings that the petitioner had not pleaded the custom regulating the succession to the Mahantship, it would be necessary to notice from para 4 of the pleadings that the petitioner has pleaded that the property devolves by inheritance on the Chela from the Mahant after his death or if it pleases the Mahant. in his lifetime. We have already held that the petitioner, while referring to the devolution of property, has to be understood to be referring to the devolution of the office of Mahantship. When so read the petitioner has in para 4 of the petition pleaded. that Mahantship devolved but inheritance from Guru to Cheta after his death or if it pleases the Mahant during his lifetime. In other words. the petitioner has pleaded the custom relating to thc succession which. according to him, is from Guru to Chela.