BRAHMA NAND PURI versus NEKI PURI

Citation: [1965] 2 S.C.R. 233 · Decided: 24-11-1964 · Supreme Court of India · Bench: K. SUBBA RAO · Disposal: Dismissed

Cited by 1 judgment(s) · see the full citation network in Lexace

Judgment (excerpt)

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BRAHMA NAND PURI 
v. 
NEKIPURI 
November 24, 1964 
[K. SUBBA RAO, RAGHUBAR DAYAL AND N. RAJAGOPALA 
AYYANGAR, JJ.J 
Hindu Religious Institution-Vera of Sanyosi Sadhus in Punjab-Suc-
cession as Mahant-Whether general law or CllStom in existence to entitle 
Che/a or Gurbhai to succed without appointment or election by fraternity. 
Upon the death of the last Malzant of a Dera of Sanya.<i Sadhus in· 
Punjab, the respondent, claiming to be the Che/a of the deceased and 
therefore having a preferential title, entered into possession of certain pro-
perties basing his title thereto on an appointment made to the office by the 
Bhekh and the geople of the village. The appellant also claimed the same 
properties as the successor of the deceased Mahant and brought a suit 
for a decree for possession of the properties belonging to the Dera; he 
claimed title on the basis that as Gurbhai of the last Mahant, he was entitl-
ed to the Gadi and that he, and not the respondent, had been appointed to 
it by the people of the village and the Bhekh; he further claimed in the 
alternative, that·even if it was found that he was not so appointed, accord-
ing to the custom regarding succession of the Dera and Rewaj-i-am of 
Deros, he was in any event entitled to become Mah ant as he was the 
Gurbhai of the deceased Mahant. 
The trial court found that the respondent was not the Che/a of the 
deceased Mahant and that there was no evidence that he was appointed 
Mahant; on \he other band the appellant was also held not to have been 
appointed. 
However, without recording a finding on the custom set up 
by the appellant, the trial court held that under the law in Punjab, in the 
absence of a Che/a, a Gurbhai was entitled to succeed to the Gadi apart 
from any question of appointment by the Bhekh, and on lhis reasoning, 
decreed the appellant's swt. 
The respondent's first appeal to the Additional Sessions Judge was 
allowed but a Single Bench of the High Court reversed that decision. 
Thereafter, in the respondent's Letters Patent Appeal, although the Di\i-
sion Bench concurred with the · single Bench on the <>ther issues, the 
appeal was allowed on the ground that the. custom set up in the plaint 
that a Gurbhai could succeed without an appoinunent of the Bhekh bad 
not been made out. 
HELD: (i) There is no general law applicable to religious institutions 
in the Punjab and each institution mU£t be deemed to be regulated by ita 
own custom and practice. 
Therefore, the appellant could not succeed 
as Mahanl without reference to an appointment by the Bhekh or the 
fraternity unless he could establish a custom which entitled him to succeed 
by virtue of being a Gurbhai. 
(238 D-E; 239 CJ 
Rattigans' Digest of Customary law : Jiwan Das v. Hira Das, A.l.R. 
1937 Lah. 311 and Sital Das v. Sant Ram; A.I.R. 1954 S.C. 606, referred 
ID. 
On the basis of the evidence before the trial court the appellant had not 
established the custom put forward by him. 
(240 G] 
L3Sup./65-16 
234 
SUPREME COURT RBPORTS 
(1965] 2 S.C.R. 
(ii) The appellant's suit being one of ejectment be bad to succeed 
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or fail on the title that he established; if he could not succeed on the 
strength of his title, his suit must fail notwithstanding that the defendant 
in possession had no title to the property. [23 6 H] 
. 
Mukherjea's Hindu Law of Religious and Charitable Trust, 2nd Edition, 
p. 317, referred. 
CIVIL APPELLATE JmUSDICTION: Civil Appeal No. 813 of B 
1962. 
Appeal from the judgment and decree dated July 13, 1960, of 
the Punjab High Court in L.P. Appeal No. 58 of 1958. 
N. C. Chatter;ee, V. S. Sawhney, S.S. Khanduia and Ganpat 
Rai, for the appellant. 
C 
Naunit Lal, for the respondent no. l(a). 
The Judgment of the Court was delivered by 
Ayyangar. J. The tenability of the appellant's claim to poss~ 
sion of certain properties belonging to the Dera of Sanyasi Sadhm 
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in Mauza Kharak Tahsil Hansi, District Hissar in Punjab is the 
subject-matter of this appeal which is before us on a certificate of 
fitness granted by the High Court of Punjab. 
The appellant claimed the properties as the successor of the 
last Mahant of the Dera-Kishan Puri who died on February 15, 
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1951. 
The fortunes of the litigation started by the appellant have 
greatly fluctuated. 
His suit was decreed by the learned trial 
Judge, was dismissed by the first appellate Court, was again decreed 
by a learned Single Judge of the Punjab High Court on second 
appea

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