Supreme Court · 1975 INSC 183 · Decided 28 August 1975

Rikhu Dev, Chela Bawa Harjug Dass v. Som Dass (Deceased) Through His Chela Shiamdass

Court
Supreme Court of India
Citation
1975 INSC 183 · [1976] 1 S.C.R. 487
Case number
CIVIL APPEAL No. 159/1974
Decided
28 August 1975
Bench
A.N. RAY, KUTTYIL KURIEN MATHEW, Y.V. CHANDRACHUD (3-judge bench)
Outcome
Appeal(s) allowed
Case type
Civil
Acts & sections cited
CPC

Headnote

Code of Civil Procedure (Act 5 of 1908) 0. 22 rr. 3, 4 and 10--l'uit by de jure A1ahant against de facto Mahant for possession and nzanagement­ Death of defendant and election of another Mahant during pendency of appeal -If appeal abates .. The appellant filed basis that as the Mahant of a Dern he was entitled to possession and management of the properties of its branch Dera. The defendant contended that it was an independent Dera and that he \vas in possession of the properties as its lawfully appointed Mahant.. The ' trial court decreed the suit but

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