Mahant Dooj Das (Dead) Through Lr vs Udasin Panchayati Bara Akhara & Anr on 1 May, 2008
5. Aggrieved by the judgment and decree of the trial court,
defendants Nos. 1, 2 and 6 filed appeals numbered as C.A.No.117 of
1976 titled Hari Dass vs. Mahant Dwaj Dass & Ors. and C.A.
No.118 of 1976 titled Udaseen Panchayati Bara Akhara & Anr. vs.
Mahant Dwaj Dass and Others. The first appellate court held that
plaintiff was the eldest chela of Mahant Tahal Dass and was duly
installed as successor of the Mahant and he succeeded to the
properties of his Guru. Evidence on record did not establish the
identity of any Budh Dass to be the chela of Mahant Tahal Dass and,
therefore, he did not succeed to the suit properties. As regards the
question of jurisdiction of civil court, the first appellate court held that
the suit property is situated within the municipal limits of Hardwar
recorded as Bhumidari land but the land in question was acquired for
the purposes of erecting buildings. The lessee in fact created a dera
on the spot by erecting buildings, installing tube-wells etc. Section
143 of the U.P. Land Reforms Act, 1950, was, therefore, attracted.
The court further held that the cause of action for the purposes of
jurisdiction depends on the facts and circumstances of each case. The
real controversy in the suit is right to the office of Mahantship.
Cancellation of the sale deed is also directly involved. Determination
of the question of relinquishing the office of Mahantship is also
involved. All these matters in controversy can only be decided by a
competent civil court and, therefore, lower court has rightly upheld
the jurisdiction of the civil court to try the suit. Consequently, C.A.
Nos. 117/1976 and 118/1976 were dismissed and judgment and decree
of the trial court was confirmed.