property- Property acquired by application of nucelus- Tests for
deciding.
The plaintiffs in their suit claimed that the properties in dispute
belonged to the Math ... Yati employed it for the purchase of the
properties and by virtue of his will the properties devolved on the
respondent.[663H
make a disposition by
way of Will of properties, even though held by him, because such properties
vested in the order or sect that ... Udasin Sect and ownership of
Math property is regulated by custom. Ms. Mendiratta urged that the private
property acquired by a monk or ascetic belonging
swami owning properties or making
a will, and a sanyasi was capable in law of owning a property and bequeathing
the same. Reliance ... owning properties, then surely
there cannot be a bar to the said Swami making a Will. The
making or barring from making a Will
large chunk of properties in his peregrination. A Sanyasi, who is said
to renounce the world, cannot be attached to property. But strange ... ought not to be
taken as a property acquired or endowed to any Mahant or Math.
VII. Voluminous evidence available to find the formal induction
Will.
I hereby demise and bequeath my property No.B-54 Sarvodaya
Enclave, New Delhi 110 017 as follows:
After my death said property shall ... beneficiaries. No one will have any right to
convert the same into any Ashram or Religious Institution or
Math.
In case if my daughters
that the original Will Ext. P-l contained the stamp of the office of the Sub-Registrar. New Delhi, that the Will was registered ... fact that he knew Mahant Manohar Dass, that property adjoining the Math had been given to the deceased by the villagers, who were the owners
Schedule A, other cases having direct or indirect bearing on the suit property and the building standing thereon and also the registration of the family ... also not capable of specific enforcement unless the tenants occupying the property could be evicted. The tenants could not be evicted in the suit because
upon the mutawalli a power to institute suits in relation to wakf properties. That power ought to be there by specific provisions under ... math' and powers of a 'mahant' of a math The ratio of that judgment will obviously not help in determining the rights
Shankaracharya of the Math on June 25, 1953, that he came into possession of the properties of the Math and, therefore, the Court should appoint ... nominated as the Head of the Math and therefore, his installation as the Shankaracharya of the Math on June 12, 1953, was invalid. There
portion. Presently, there are roads on
three sides of plot purchased by Math from Mr. Vinod Gupta and a
vacant plot on remaining side which ... further ordered that a Local
Commissioner has been appointed and he will visit the subject land
and inspect the same. The report is awaited
