Supreme Court · 1972 INSC 3 · Decided 4 January 1972
Mahant Bhagwan Bhagat v. G. N. Bhagat and ORS.
- Court
- Supreme Court of India
- Citation
- 1972 INSC 3 · [1972] 2 S.C.R. 1005
- Case number
- CIVIL APPEAL No. 171/1967
- Decided
- 4 January 1972
- Bench
- J.M. SHELAT, G.K. MITTER, I.D. DUA, HANS RAJ KHANNA (4-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
- Acts & sections cited
- CrPC
Headnote
G H tOOS MAHANTBHAGWANBHAGAT v. G. N. BHAGAT AND ORS. January 4, 1972 [J. M. SHELAT, I. D. DuA, H. R. KHANNA AND G. K. MITTER, JJ.) Crtstom-Mutt-Method of choice of successor to office of mohunt. Three aspects have to be borne in mind in connection with tho ques­ tion of succession to the partic_ular institution is to be followed; and (iii) the party who lays claim to the office on the strength of any suc-h usage must establish it affirmatively. The fact that the defendant is a trespasser would not entitle the plaintiff to succeed, un­ Jes:; he suc~eeds in proving tb~
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