that the second
respondent has been intending to alienate the properties
of the said math. By order dated 03.01.2013 the said IA
came ... Will Deed. Yet he has ascended the
gaddige of 1st respondent including properties which are
belonging to the said math. He has taken steps
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
legal
heirs are well defined in Will ExPW2/1. The subject property as
clear from ExPW1/6, was in existence ... Will be
constituted as such if it did not dispose any property but only
appointed successor to the office of Mahant of Math. It came
Mr.Rajiv K. Mehta vs Mrs.Rekha H.Sheth on 24 March, 2014
Author: R
specifically denied. It is further averred that, plaintiff
No.1-Math owns immovable properties at Ilkal, Badami Taluk,
Somalapur in Bellary district and that, defendant ... Chidanandaswamy has bequeathed all Mutha and
Mutt properties to him during his life time through
a will dated 5.3.1992?
vi) Whether the defendant proves that
Mr.Rajiv K. Mehta vs Mrs.Rekha H.Sheth on 24 March, 2014
Author: R
trust is a public a trust) or
91 whether any property is the property of such
trust may, within sixty days from the date ... trust property of any
public trust and includes-
Page 16 of 127
C/LPA/852/2013 JUDGMENT
(a) in the case of a math
Mahanths of other Maths on the day of shradh of
Punchum Das appointing him as Mahanth. Exhibit 11 is the Will
executed by Punchum ... defendants
that it is unprobated Will. So far this submission is concerned, it may
be mentioned here that the property has not been bequeathed
especially, when P.W.2 has also admitted about the property of
Rajaram Math. Well written judgment of the trial Court has been
upset ... make out exact identity of the property
granted in favour of the Math, which is forthcoming from Ex.P28, it
can be safely held
division
of the property amongst the plaintiffs and the
defendant no.1, out of five properties, two properties to
the extent of 32 guntas ... over to the 'Kadrolli
Math', which property is in Sy.No.15/2 and the
remaining four properties to the extent
