Raghav Dass Chela vs Rajinder Parkash And Another on 14 December, 2012
The State of Punjab, (the Thakur Dwara though situated in
the State of Haryana was originally situated in undivided Punjab),
does not have any established or codified rule of succession to the
office of a Mahant? Each institution has its own peculiar rule of
succession. If the grantor has laid down a particular rule of
succession the rule has to be given effect to but if the grantor has not
laid down a rule of succession, the custom or usage followed by a
particular institution shall prevail. The office of Mahant is usually
elective and not hereditary, but a Mahant may nominate a successor
subject to its confirmation by his fraternity, commonly known as the
Regular Second Appeal No. 2194 of 2000 -11-
Bhekh. A person who alleges a particular custom or usage would be
required to prove such a custom or usage, as a question of fact. A
reference in this regard may be made to judgments of Hon'ble
Supreme Court reported as Mahant Bhagwan Bhagat v. Girija
Nandan Bhagat, AIR 1972 SC 814, Amar Parkash and others v.
Parkasha Nand and others, AIR 1979, SC 845, and Brahma Nand
Puri v. Neki Puri since deceased represented by Mathra Puri and
another, AIR 1965 SC 1506.