last Will of the Mahanth by which he conferred right to succeed him to the properties of the Math on the respondent, the appellant ... claim over the properties of the Math only in order to grab the valuable property of this Math.
17. One thing has come in evidence
question of necessity) to create an interest in property appertaining to the Math which will continue during his own life, or to put it perhaps ... refer are these:
(1) To create an interest in property appertaining to the Math which will continue during his own life
Chaura Math at Benaras. of which Bahadurpur Math was a branch but it did not specifically speak of Sikandarpur Math and the properties attached ... other hand, the plaintiffs being Mahants of Sikandarpur Math, the legal presumption will be that the properties of the said Math were for the benefit
that the properties demised by the Will are the properties belonging to the deities and did not constitute personal properties of the late Mahanth ... will have to manage the properties, and for this he will have to obtain possession thereof. The direction about possession and management of the properties
mistaken view of law, his order will have to be set aside. Since the whole matter will have to be re-considered ... that the property going to be hypothecated by this person is not math property and he is entitled to hypothecate it, he will have
comes into existence only when the properties dedicated for worship of an idol of Math. Once the property is absolutely given by a pious Hindu ... compromise is concerned, it will appear that major part of the properties of the Math were sold and then there was a so called compromise
whether the properties in question are personal properties of the Mahanth or they are Math properties, namely, properties dedicated to Lord Shiva for the purposes ... Lord Shiva at Nongarh Math or Manjhwa Math, or that he founded any of the two aforesaid Maths. What the then Maharaja of Gidhour
always been called a mahant and has dealt with the property of the math uncontrolled by outsiders. One of these documents (Exhibit S) refers ... executant then goes on to undertake that he will manage the property of the math in consultation with the appellant and will not waste
operative portion of the Will
reproduced above manifestly shows that there is no
disposition of the properties of the Math by this
document. All that ... will have
to manage the properties, and for this he will have to
obtain possession thereof. The direction about
possession and management of the properties
facie that the Math is not a Math as defined in that Act and that the various properties were not endowed properties. Besides that ... that the Math was a public Math and the various properties, though ostensibly acquired by the Mahanths, were really acquired for the Math. In that
