# SRI KRISHNA SINGH v. MATHURA AHIR AND ORS

- **Citation:** [1980] 2 S.C.R. 660
- **Court:** Supreme Court of India
- **Decided:** 1979-12-21
- **Case number:** Civil Appeal No. 180~ of 1971
- **Bench:** S. MURTAZA fAZAt ALI, A. P. Sen
- **Source:** https://unisonlegal.in/judgment/supreme-court-of-india/sri-krishna-singh-v-mathura-ahir-and-ors-7918
- **Pages:** 37

## Headnote

1-lindu Law-Whether a S11dra fan l·nter the order of Yuti or Sanyasi-'Sant
}.fat/1' San1pradaya, denonu'nation of Da~na1ni Sect-JVhethcr a Sudra cannot
enter the order of sanyasi i11 the Sant Math and whether a Brahman alone can
be a sa.•1yasi among Das11an1is-Essential ceren1onies for 1he initiation of Dasna1nis-Performance of Atn1a Sradh and reciting Pravesh Mantra Sant fl.fath
,,,.
San1pradaya-Mode of succe.\.\ion a1no11g thl' Sant Math-Right ta after-acquired
property of a Mahant out of Math funds, whether accrues to natural son.
Abate111e11t of appf'al-Maxini of "actio personalis rnorltur cunt persona",
applicability of i11 the case of suUs by Malwnt for the recoverv t./ Math property
-~Order XX/I Civil Procedure Code.
D
Respondent M·athura Ahir alias S\vami Hars\vanand, the ~fahant of Garwa~
ghat I\Jath fil'ed a suit for decla11ation of title to and possession ot house No.
C/27 /33 situa.te in I\1ohalla Jagatgunj, Varanasi, for arrears of rent and nzesne
profits in respect thereof.
The said prop'e11y was purchased by his Guru Atma
Vivekanand Paramahnns (ne Baikunth Singh) from out of the income of the
!\.lath i.e. the offerings (Bhent) made by the devotees.
The appe11ant v.'ho was
impleaded oo defendant 5 to avoid further litigation cJ::1imed that this property
I~
acquired by his ]ate father Baikunth Singh alias Swami Atin1 Vivekanand) after
he became a Guru and out of 1\.·Iath funds devolved upon him th'e natura.I son
and di~ciple. Since the claim went in fayour of the fi!Spondent 1\.1ahant the
appellant came in appeal by special leave to this Court. The original plaintiff
di'ed during the pendency of the a.ppeal.
The contentions of the appellant were : (i) the plaintiff ~Jathura Ahir being
F
a Sudra could not be ordained to a religious order and become a Sanyasf or yati
and 1herefore inst·alled a mahfVOt of the Garwaghat Math, ~c·;ordin~
to
the
tenets of the Sant Math Sampradaya, (ii) tn the abseince of proof of the performance of Atn1a Sradli and the recitation of Prave~li Mantran1, neither the
plaintiff nor his two predecessors Swami Sarupanand an<l Swami At1na Vivckanand rculd be regarded as Hindu Sanyasi; and
(iii)
the
first
respondent
Harsawanand the original plaintiff having died during the pen<le11<.:y
of
the
c;
<!ppenl, 1he appeal abated in its entirety.
~Dismissing the appea1, the COurt
~V
IJELD: 1.
A math is an institutional sanctum presided aver by a superior
J \ \Yho combines in himself th: ~ual office ~f being th'e. religious or spiritual head
of the particular cult or rel1g1ous fraternity and of the manager of the secular
H
:rroperties of the institution of the Math.
[671 D-E]
The property belonging to a Math is in fa-ct a.ttached to the. office of the
mahant, and passed by inheritance to no one who does not fill the office. The
•
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'
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SRI KRISHNA v. MATHURA AHTR (Sen, J.)
661
J]ead of a ~fath, as such, is not ::ii trustee in the .sense in ..vb.ich that term is
generaJ;y undcrst.:od, but in legal contemplation he has an estate f.or life in its
permancnl endowments and an absolute property in the incom;! derived front
the ·J!ferings of h:s followers, subject only to the burden of n1aintaining
the
institution.
[671 A-BJ
Jn the in"itJnt case, th'~ evidence on record sufficiently es!ablisftes tha.t a Math
crnnc to be established at Garw.:ighat and the building known ~5 "Bangla !{uti"
and certain other building-.; including the house in suit ...-:onstituied the endowment of the math itself.
[671£-F]
S{lnunanthll Pandara v. Sellappa Chetti (1879) JLR 2 Mad. 175; Gyanasam··
b!1andru1 Pand'ara Sannadhi v. Kandasw(lflli Tan1biran1 (1837) lLR 10 Mad. 375;
J'idya Furna Thirthaswa111i v. Vidyanidhi Thirtl1a Swami (1904) ILR 27 Mad.
--..... 435; Rani Prr1ka~ih Das v. Anaud Das (1915-16) 43 I.A. 73 (PC); Vidya Vantht
1'ftirtha v. Baluswa1ni Tyer (1920-21) 48 I.A. 302; r'eferred bJ.
:!. The math at GarW'aghat belongs to the 'Sant Mat'
Sampradaya,
which
is a religious order and the suit property is Math prope

## Text

_Characters 0–39,790 of 98,442. This is a partial read: ask again with offset=39790 for what follows._

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660
SRI KRISHNA SINGH
v.
MATHURA AHIR AND ORS.
December 21, 1979
[S. MURTAZA fAZAt ALI AND A. P. SEN, JJ.J
1-lindu Law-Whether a S11dra fan l·nter the order of Yuti or Sanyasi-'Sant
}.fat/1' San1pradaya, denonu'nation of Da~na1ni Sect-JVhethcr a Sudra cannot
enter the order of sanyasi i11 the Sant Math and whether a Brahman alone can
be a sa.•1yasi among Das11an1is-Essential ceren1onies for 1he initiation of Dasna1nis-Performance of Atn1a Sradh and reciting Pravesh Mantra Sant fl.fath
,,,.
San1pradaya-Mode of succe.\.\ion a1no11g thl' Sant Math-Right ta after-acquired
property of a Mahant out of Math funds, whether accrues to natural son.
Abate111e11t of appf'al-Maxini of "actio personalis rnorltur cunt persona",
applicability of i11 the case of suUs by Malwnt for the recoverv t./ Math property
-~Order XX/I Civil Procedure Code.
D
Respondent M·athura Ahir alias S\vami Hars\vanand, the ~fahant of Garwa~
ghat I\Jath fil'ed a suit for decla11ation of title to and possession ot house No.
C/27 /33 situa.te in I\1ohalla Jagatgunj, Varanasi, for arrears of rent and nzesne
profits in respect thereof.
The said prop'e11y was purchased by his Guru Atma
Vivekanand Paramahnns (ne Baikunth Singh) from out of the income of the
!\.lath i.e. the offerings (Bhent) made by the devotees.
The appe11ant v.'ho was
impleaded oo defendant 5 to avoid further litigation cJ::1imed that this property
I~
acquired by his ]ate father Baikunth Singh alias Swami Atin1 Vivekanand) after
he became a Guru and out of 1\.·Iath funds devolved upon him th'e natura.I son
and di~ciple. Since the claim went in fayour of the fi!Spondent 1\.1ahant the
appellant came in appeal by special leave to this Court. The original plaintiff
di'ed during the pendency of the a.ppeal.
The contentions of the appellant were : (i) the plaintiff ~Jathura Ahir being
F
a Sudra could not be ordained to a religious order and become a Sanyasf or yati
and 1herefore inst·alled a mahfVOt of the Garwaghat Math, ~c·;ordin~
to
the
tenets of the Sant Math Sampradaya, (ii) tn the abseince of proof of the performance of Atn1a Sradli and the recitation of Prave~li Mantran1, neither the
plaintiff nor his two predecessors Swami Sarupanand an<l Swami At1na Vivckanand rculd be regarded as Hindu Sanyasi; and
(iii)
the
first
respondent
Harsawanand the original plaintiff having died during the pen<le11<.:y
of
the
c;
<!ppenl, 1he appeal abated in its entirety.
~Dismissing the appea1, the COurt
~V
IJELD: 1.
A math is an institutional sanctum presided aver by a superior
J \ \Yho combines in himself th: ~ual office ~f being th'e. religious or spiritual head
of the particular cult or rel1g1ous fraternity and of the manager of the secular
H
:rroperties of the institution of the Math.
[671 D-E]
The property belonging to a Math is in fa-ct a.ttached to the. office of the
mahant, and passed by inheritance to no one who does not fill the office. The
•
•
•
I
'
~-;
l
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SRI KRISHNA v. MATHURA AHTR (Sen, J.)
661
J]ead of a ~fath, as such, is not ::ii trustee in the .sense in ..vb.ich that term is
generaJ;y undcrst.:od, but in legal contemplation he has an estate f.or life in its
permancnl endowments and an absolute property in the incom;! derived front
the ·J!ferings of h:s followers, subject only to the burden of n1aintaining
the
institution.
[671 A-BJ
Jn the in"itJnt case, th'~ evidence on record sufficiently es!ablisftes tha.t a Math
crnnc to be established at Garw.:ighat and the building known ~5 "Bangla !{uti"
and certain other building-.; including the house in suit ...-:onstituied the endowment of the math itself.
[671£-F]
S{lnunanthll Pandara v. Sellappa Chetti (1879) JLR 2 Mad. 175; Gyanasam··
b!1andru1 Pand'ara Sannadhi v. Kandasw(lflli Tan1biran1 (1837) lLR 10 Mad. 375;
J'idya Furna Thirthaswa111i v. Vidyanidhi Thirtl1a Swami (1904) ILR 27 Mad.
--..... 435; Rani Prr1ka~ih Das v. Anaud Das (1915-16) 43 I.A. 73 (PC); Vidya Vantht
1'ftirtha v. Baluswa1ni Tyer (1920-21) 48 I.A. 302; r'eferred bJ.
:!. The math at GarW'aghat belongs to the 'Sant Mat'
Sampradaya,
which
is a religious order and the suit property is Math property. Though the 1\-lath
at Garwaghat established by Swami S<irupan&nd was of t'ecent origin, the religious
order denomin&ted as 'Sant Math' has had large following in Puniab and some
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oth-er parts of India since more than a century.
In a sense, therefore, Swami
San1panand himself did not for the first tin1e evolve any new religious order.
D
[672 E, 673 F-G]
T'he institution was really built up by Swan1i Atma Vivek:i.nand, who was
held in great vener'1tion by the followers of the sect.
Ile pr'e:i.cheJ the tenetJ
of 'Sant ~lat' and had a large following.
His 'Sant Mat' fraternity con1prised
of thousandS" of Girhastha .and Virakta disciples who made Jarg3 offerings. Such
offerings in cMh or kind or in the shape of immovab1e nropl.'.rty whiLh were
E
endowed to the Math.
Swami Atma Vivekanand was the
~fahant of the
Garwaghat ~lath. The two houses at v,aranasi including the suit house were
purchased by Swami Atma Vivekanand from out of the offering (Bhent) made
by his disciples.
[675A-DJ
3. Succession to Mahantship of a Math or religious in'9titution is regulated
by custon1 or usage of the particuk1r institution, except where a rule of r.uccesF
sion is laid down by the founder himseH \Vho created the endowment.
[675 G-11]
Genda Puri v. Chhr.tar Puri, [18861 13 I.A. 100 @ 105;
Sital Dus v. Sant
R(un, A.LR. 1954 SC 606; Mahnlinga Tha1nbira11 v. La Sri Kash•a.f:i, [1974] 2
SCR 74; followed.
4. The succession to the office of the Ma·hant according to Sant 5ampradaya.
is by nomination, i.e. from Guru to Chela, the Guru initiates the chela after
performing the nec'essary ceremonies.
The person initiated as a Chela adopts
the life of a sanyasi a.nd is pledged to lead a life of celibacy and
religious
rnendironcy.
The sitting Mahant hands over the management of the Math to
one of his virtuous Chelas fittest to succeed when he nomin:ites and when he
wishes to install as Mahant after him in his place. He 1na.kes clear this desire
to the members of his Sampradaya, and also authorises the nominated chek1 t.:>
give Bhesh Dikshwa. After the death of th'e Mahan!, the Bhe<h and Sampradaya
give Chadar Maha11ti of the math to the said disciple at the time
of the
Bhandarn.
[672 A-CJ
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662
SUPREME COURT REPORTS
(1980] 2 S.C.R.
5. Asceticism in India has been under the definite and strong sanction vf
religion. In 'the doctrine of th'I! four asranias, asceticism was 1nade an integral
part of the orthodox Hindu life, and it became the duty of every
Hindu,
as
advanced age overtook him, homeless and a wanderer to chast~n himself from
earthly ties, and of realizing union with Brahman.
A.nd a religious motive was
thus supplied for that which in itself was a welcon1e release from responsibility,
care and the minute requirements of an elaborate_ social code. Jn due course,
with the advanc·ement of knu\vledge, the shackles of the caste
-,ystetI'
were
broken through and the privileges and powers of the ascetic !if:! \vere extended
to Sudras and in due recognition of their status, they were treated
as Hindu
Sanyasis.
At the present tin1~. there is no distinction or barrier; any one may
become an ascetic, and the v;_1ws a.re not nec'cssarily life long. Some sects, however, still restrict 1nen1bership to Brahmans, or at least to men of the three
higher castes. [681 E-H, 682 G-H]
c
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6. One who enters into a religious order severs his conncr.:tion
with
the
men1bers of his natural family.
He is accordingly excluded from inheritance.
Entrance to a religious order is tantamount to civil death so a:".i to cause a complete severen-..::e of his connection with his relations, as well as with his property.
Neither he nor his natural relatives can succeed to each other's properties.
D
[676 A-BJ
E
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ff
A_ny property \Vhich may be subsequently acquired by person3 adopting re·
ligious orders passes to their religious relations. The persons \.Vhu are excluded
on this ground came under three heads; the Vanaprastha or hermit; the Sanyasi
or Yati, or ascetic and the Brahmachari or p'erpetual religious student. In order
to bring a. person under these heads, it is necessary to show an absolute abandonment by him of all secular property, and a complete and fiGriI withdrawal
from earthly affairs.
The mere fact that a person calls him.scif a
Byragi or
. religious mendkant, or indeed that he is such, does not of itself disentitle him
to succeed to property. Nor does any Sudra come under this disqualification,
unless by usage.
This civil death does not prevent the person \vho enters into
an order from acquiring and holding private property v;1hich will devolve, not
of course upon his natur2.1 relations, but according to secial rules of inheritance.
But it would be otherwise if there is nu civil death in the eye of the law, but
only the holding by a man of certain religious opinions or professions.
The
after-acquired property passes on his de:ith not to his natural but to his spiritual
heirs.
[676 A-E, 683 A-Bl
Dharmapuram v. Vivapandiyan, [18991 I.L.R; 22 Mad. 202, Harish Chandra
v. Alia Mahamed, [1913] I.LR. 40 Cal. 545, explained.
7. The 'Sant Mat' sampr&daya is a religious denomination i.e. a sub sect of
one of the Dasnami sects founded by the Great Sankracha:ry&.
Sankara was an
asc.eti~ and founded schools of ascetics.
Sankara established four Maths or
s'eats of religion at four ends of India-the Sringeri Math on the Sringeri Hills
in the South, the Sharda Math at Dwarka in the West, the Jyotir Math
at
Badrikashram in the North, and the Govardhan Math at Puri in the east. The
monks ordained by Sankara and his disciples were called Sanyasis. Each Math
has a sanyat1i at its head who bears the title of Sankaracharya in general.
Sankara is said to have four disciples who were all brahmans, from whom the
_/
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SRI KRISHNA v. MATHURA AHIR (Sen, J.)
663
ten divisions of the order-hence named as the ten-named or 'dasnami Dandis'
originated.
They at'e : Thirtha, shrine; Ashrama, order; Vana, wood; Aranya,
Forest or desert; Saraswati and Bharati, the goddesses of Ica.n1ing and speech;
Puri, City; Giri and Parvata, a hill; and Sagara, the ocean. [683 C-G]
Dandis or staff bearers occupy a place of pre-eminence. They worship Lord
Siva in his form Bhairava; the 'Terrible' and profess to adhere Nirguna
and
Niranjana, the deity devotd of attribute or passion. A sub section of this order
arc the Dandi, Dasna1nis or Dandi of ten names, so c2.Ued from their assuming
one of the na·mes of Sankara's four disciples and six of their pupils.
[658 B-CJ
The Dandis keep themselves very distinct from the rest of the community.
-..... They are Brahmans, and receive disciples only from the Brahmans. They lead
a very austere life.
They do not touch fire or metal or vesseis made of any
sort of metal.
It is equally impossible also for them to handle money. They
shave their hair and beard. They wear one long: unsewn reddish cloth, thrown
about the person. [686 A-BJ
There are but thre'e and part of a further ~»scetic class, or those called Tirtha,
Asrama, Saras\vati and Bharati \vho are still really regarded as Sankara's disciples. The rest i.e. the ren12.ining six and a half of the Dasna1nis who are considered as having fallen from the purity of practic'e necessary to the Dandis, are
still, in general religious char·acters usually denominated and are Atits. These
are the Atits or A 'Dandis viz. the
Vanas, Aranytas, Puris, Giris,
Parvata,
Sagaras and half the Bharatia, reputed to have fall'en to some
extent from
orthodoxy, but are still looked upon as religious avatars. Unlike the Dandis,
the Atits do not carry the shaft i.e. a Trishul. They differ from the former
also in their use of clothing money and ornaments, th'eir methods of preparing
food and their admission of members from any order of Hindus. Some of them
lead an ascetic life, while others mix freely in the world, carry on trade and
acquire prop'erty.
~fost of them are celibate but some of them marry and are
often known as Samyogi or Gharbari Atits. They are collected in Maths and
monastries. They wear ochre coloured garments, and carry a rosary of rudraksha
seeds sacred to Lord Siva. Their religious theories (wheD. they have any) are
based on the a<lvaita Vedanta of their founder Sankaracharya. [686 H, 687 A-DJ
There is· also ai sub division of the Puri division of the Dasanami Sect. Th'ev
have tenets much in common, based on the central idea that the Supreme dietY
is incomprehensible or 'unseeable'. They denounce idolatory. This more or
less conforms to the tenets of the 'Sant Mat' Sect. [678 D~EJ
The followers of the 'Sant Mat' treat the Guru as the incarnation of God .
They have no faith in ina.nimate idols installed in temples nor do they worship
them in their cult. There are no caste restrictions and any one can be admitted
into the Sant Mat fratern'ity.
A-::cording to the custom and usage of the Sant
Mat Sampradaya, the initiation of a chela by th'e Guru result~ in complete
renunciation of the world and he ceases to ha.ve all connection with bis previous
Ashramas before becoming a Sanyasi. For becoming a sanyasi
it
is
not
necessary that he should be of a particular Varnashram previously, i.e. 'even a
Sudm coo become a Sanyasi.
[671 G-H, 672 El
8. Though according to the orthodox Smriti writers a Sudrn cannot legitimately enter into a religious order and although the strict
vie¥.'
does
not
5-9lSCil80
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664
SUPREME COURT REPORTS
[1980] 2 S C.R.
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sanction or tolerate ascetic life of the Sudras, the existing practice all over India
is quite contrary to such orthodox view. Jn cases, therefore, where a Sudra can
enter into a religious order in the same way as in the case of the twice-born
classes, such usage should be given effect to. [670E-F]
B
9. In order to prove that a person has aJopted the life of a Sanyasj, it must
be shown that he has actually relinQuished and abanJ.oned ail ',\'crldly possessions and relinquished all des.ire for them or that such ceremonit:-; <!•re perfurmed ¥rhich indicate the severence of his· natural family and bis secular life. It
riiust also be proved in case of orthodox sanyasis, that necessary ceremonies have
been performed such as Pindadana or Birajahoma or Prajapatliiycsthi ·without
which the renunciation will not be complete. {687G-H]
c
Amongst Dasnamis, a ceremony called the BijJa Homa i.e. the Biraja Hon1a
has been considered essential. The recitation of the Pravesha Afantrani or thCrenunciation formula is of course indispensable. [688 A]
D
E
G
In the instant case: (a) there is ove1whelming evidence in proof of the fact
that the requisite ceremonies of Biraj homa or Praiapathiycsthi \Vere performed
in case of Swami Sarupanand and Swami Atma Vivekana.nd.
lf the Prafapathiycsthi or Biraj Homa ceremonies \Vere performed then it must necessarily
giv'e rise to the irresistable inference that Swami Atma Vivekanand must have
performed his Atma Srmih before he was initiated as a chela; (b) The appellant
was precluded from contending that his father Baikunth Singh was not a Hindu
Sanyasi in view of his express admission in the plaint filed in an earlier suit.
1'he burden of proof shifted upon him to disprove it; (c) S\\-·ami Harsewanand
(h.1athura Ahir) was the va.lidly initiated chela of Swami Atn1a Vivekanand
and upon his demise was duly installed as the 1vlahant of 'Garwaghat Math'
according to the tenets of 'Sant Mat' Sarnpradaya.
[609 G, H. 693 C-Dl
10. The question wheth'er a suit abates in its entirety or not upon the death
of the plaintiff must necessarily depend upon the nature of the !'>nit.
This is
not a class of case to which the maxim, actio personalis 1noritur cun1 persona
applies. [694 C-D]
11. According to Hindu jurisprudence, a religious institution such as a math
is created as a juri5dic entity with a legal personaJity capable of holding and
acquiring property. It therefore follows that the suit instituted by the mahant
for th'e time being, on its behalf, is properly constituted and cannot :ibate under
the provisions of Order 22 of the Code of Civil Procedure on the death of the
mahant pending the decision of the suit or appeal, as the rend. party to the
institution is the institution.
The ownership is in the institution or the idol.
From its very nature a math or an idol can act and assert its right~ only through
human agency knov:n as a mahant or shebait or dha.rma'karta or sometimes
knowri as trustee.
It follows that merely because the mahant for
the time
being dies and is succeeded by another mahant. the suit does not abate.
[695
D-C, El
Ram Swarup Das v. Rameshwar Das, ILR 29 Pat. 989, over-ruled.
12. The general rule is that a11 rights of action and all dem.:ind~ whatsvever
existing in favour of or against a person at the time of his death survive to or
H
against his legal representative within the meaning of s. 2(11) or C.P.C. [699 A,
F]
Muliamcd Hussain v. Khushalo, JLR 9 All. I 31; approved.
SRI KRISHNA V. MATHURA AHIR (Sen, J.)
665
•
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 180~ of 1971.
A
•
.,
Appeal by Special Leave from the Judgment and Order
dated
2-11-1971 of the Allahabad High Court in S.A. No. 768 of 1964.
Y. S. Chitale, Lalji Sahai Srivastava, B.
P.
Singh and Mukul
Mudgal for the Appellant.
R. K. Garg, S. P. Singh and Sudama Ojha for Respondent No. 1.
S. T. Desai and Uma Datta for Respondent No. 3.
S. C. Patil for Respondent No. 2
M. Veerappa for Respondent No. 4.
The Judgment of the Court was delivered by
SEN J.-This is an appeal by special leave from a judgment and
decree of the Allahabad High Court dated November 2, 1971 in a
suit for declaration of title to, and possession of house No. C-27 /33
situate in Mahalia Jagatganj, Varanasi for arrear~ of rent and mesne
profits in respect thereof.
The principal point in controversy between the parties
in this
appeal is, whether the plaintiff, Mathura Ahir, being a Sudra could
not be ordained to a religious Order and become a Sanyasi or Yati
and, therefore, installed as a Mahant of the Garwaghat Math according to the tenets of the 'Sant Mat' Sampradaya.
~ subsidiary question arises as to whether in the absence of proof of.the performance of
Atma Sradh and the recitation of Pravesh Mantra neither the plain-
•
tiff nor his two predecessors Swami Sarupanand and Swantl AtmaA '-
vivekariand conld be regarded as Hindu sanyasis. It also raises a
further question namely whether the first respondent, Harsewanand,
the original plaintiff having died during the pendency oE the appeal,
the appeal abates in its entirety.
The facts of the case are set forth with utmost particularity in
the judgment of the High Court. It wi!l, therefore, not be inconvenient to deal with them as briefly as possible.
The history of the
Garwhaghat Math is as follows:
In 1925, Swami Sarupanand Paramhans, disciple of Swami Advaitanand, a Hindu ascetic belonging to
the 'Sant Mat' sect, came from the North-Western Provinces,
and
took his abode at Garwaghat, Mouza Ramna Malhija, in the vicinity
of Varanasi City.
He was a religious preceptor of great learning and
from his hermitage preached the tenets and precepts of the 'Sant Mat'
and soon had a large following.
He was treated with great veneration and some of his devotees by a registered gift deed dated March
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SUPREME COURT REPORTS
(19Sf\] 2 S.C.R.
18, 1935 endowed the land and building, which he named as 'Bangla
Kuti'.
Subsequently the said Bangla Kuti and other lands and buildings appurtenant and adjacent
thereto came to be known as the
Garwaghat
Math of which Swami
Sarupanand was
initially the
mahant.
He paid a visit to village Khuruhja for a couple of days
and Baikunth Singh, father of defendant No. 5, Sri Krishna Slngh, the
appellant, was greatly influenced by his
preachings and left
for
Varanasi for good. In due course, Baiknnth Singh was initiated as chela
by Swami Sarupanand who named him as Atmavivekanand.
Sw~mi : Ir
Atmavivekanand Paramhans was the chief disciple of Swami Sarupa-
.1
nand and was given full rights of initiation and Bhesh by his Guru._,
Swami Sarupanand took his samadhi at Meerut in 1936 and after his
death, according to his wishes, his Bhesh and Sampradya gave Swami
Atmavivekanand Chadar Mahanti of Garwaghat Math and made him
the mahant. Swami Atmavivekanand also had a large following and
his 'Sant Mat' fraternity which comprised of thousands of Grlhastha
and Virakta disciples made large offerings and gifted extensive
properties to him as their religious or spiritual lea<!er.
In 1937, Swami Atmavivekanand initiated the plaintiff Mafhura
Ahir as his chela and named him as Harscwanand according to the
cnstom and usage of the 'Sant Mat' sect.
During his lifetime, he
purchased the two properties viz., house No. C-27 /33. situate in
Mohalla Jagatganj and house No. C-4/83, situate in Mahalia Sarai
Gobardhan in the city of Varanasi by registered sale deeds dated
December 3, and December 22, 1942 from _out of the income of the
math i.e., the offerings (Bhent) made by the devotees and formed
the properties of the math. Swami Atmavivekanand died at Varanasi
on August, 23, 1949. A Bhandara was held on October 3, 1949 and
according to the wishes of Swami Atmavivekanand, the mahantas and
sanyasis of the Bhesh and Sampardaya gave the Chada1' Mahanti to
the plaintiff and installed him as the mahant of the math in place of
Swami Atmavivekanand on October 4, 1949 in accordance with the
custom and usage of the Sampradaya.
The mahants and sanyasis of
the 'Sant Mat' Bhesh who had assembled for the
Bhandara
also
executed a document to that effect acknowledging him to be the
mahant.
The plaintiff having been installed as the mahant, the entire
property of the Garwaghat Math along with the two houses in the city
of Varanasi, devolved upon him as successor to Swami Atmavivekanand.
On August 21, 1951 the plaintiff-respondent No. 1, Harsewanand,
brought the suit, out of which this appeal arises, in the ·court of the
City Munsif, Varanasi for ejectment of respondents Nos. 2 to 5 from
I
SRI KRISHNA v. MATHURA AHIR (Sen, !.)
667
house No. C-27 /33, situate in Moballa Jagatganj, Varanasi. It was
pieaded that respondent No. 2, Avadesb Narain, defendant No. 1,
had taken the house on rent from Swami Atmavivekanand, the late
mahant. It was alleged that he bad unlawfully: sub-let the premises
to the respondents Nos. 3 to 5, who were defendants Nos. 2 to 4.
The suit was contested by these respondents who denied the tenancy
and inter alia pleaded that they were in occupation of the house as
che/as of Swami Atmavivekanand in their own right by virtue of the
licence granted to them by him.
They denied the plaintiff's title as
well a8 right to sue alleging that he was neither a chela of Swami
-Atmavivekanand nor his successor. It was also alleged that the house
in suit was the personal property of Swami Atmavivekanand and,
therefore, on his death his natural son and disciple, Sri Krishna Singh,
the appellant became the owner thereof.
The suit which was originally
framed by the plaintiff-respondent No. 1, Harsewanand, as a s_uit
between a landlord and tenant bad, therefore, to be converted into a
suit for possession based on title by impleading the appellant, Sri Krishna
Singh as defendant No. 5.
It is not necessary to mention in detail the other averments in
the plaint, nor is it necessary to mention the various\ pleas raised in
the written statement filed by the defendants. It will be sufficient,
however, to mention that the appellant Sri Krishna. Singh in bis. written
statement denied the existence of the math as pleaded by the plainliff
and asserted that the house in it, in any case, was not math property.
He further pleaded that the plaintiff Matbura Abir being a Sudra, was
legally incompetent to become a sanyasi, and that the plaintiff wa~
not the mahaut of the Garwaghat Math. He turther claimed that
after the death of Swami Atmavivekanand, be became the owner of
the house in suit by inheritance, as also of the properties alleged by
the plaintiff to belong to Garwaghat Math.
All these PJ'Operties,
according to the appellant, were secular and personal properties of his
father Baikunth Singh, who was also known as Swami Atmavivekanand.
In the trial, the issues, as finally framed by the learned Munsif
were seventeen in number.
Of these, the following are relevant : (1)
Whether the plaintiff is the owner of the premises in suit ? (8) Whether the plaintiff was nominated as a mahant and given Chadar in
accordance with the custom ? Is there any custom as alleged by the
plaintiff?
(12) Was Swami Atmavivekanand a sanyasi and had h¢
ceased to be a Grihasti?
(13) Is the plaintiff a Sudra and not
entitled to become sanyasi according to Hindu law? (14) Is the
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[1980j 2 S.C.R.
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plaintiff chela of Swami Atmavivekanand and entitled to succeed to
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properties left by him in preference to his, son Sd Krishna ? ( 15) Is
the house in suit a Malh property ?
It appears that the case came up for hearing before the learned
Munsif on October 5, 1953 when the plaintiff's counsel accompanied
8
by his parocar made oral pleadings under 0. 10, r. 1 of the Code
of Civil Procedure to the effect :
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"The 'Sant Mat' Sampradaya is one of the Dasnami
sanyasis founded by the great Sankaracharya. and is governed by Naranjini Math Akhara."
The learned Munsif found each and every of these issues in favour
of the plaintiff and accordingly decreed the suit.
x
x
x
x
x
x
x
x
x
On appeal the III Addi. Civil Judge, Varanasi by his judgment
dated January 14, 1964 reversed some of the aforesaid findings while
maintaining the rest.
From the judgment of the Addi. Civil Judge, the appellant alone
preferred an appeal to the High Court which by its judgment dated
November 2, 1971 on a careful marshalling of the entire evidence, in
the light of well-settled pdnciples. agreeingi with the learned Munsif,
set aside the findings of the learned Civil Judge and dee.reed the
plaintiff's suit in its entirety.
A learned Single Judge, Kirty J ., in the course of his judgment
observed that the evidence on record sufficiently establisl1ed that there
had come into existence a math at Garw~ghat, of which
Swami
Atmavivekanand was the mahant.
He referred to the overwhelming
evidence led by the plaintiff showing that the building kna"11 as
'Shanti Kuti' and certain other buildings constituted an endowment
to the math itself, which was a monastic institution presided over by
the mahant.
He further held that the house in, dispute was not the
personal property of Swami Atmavivekanand but formed an accretion
to the math as it had been acquired by him from out of the offerings
(Bhent) made by the disciples to him as their religious or spiritual
leader for the purposes of the spiritual order of the fraternity and,
therefore, the natural heirs of Swami Atmavivekanand could have no
claim to the property, which must descend to the plaintiff as a successor ta him.
x
x
x
x
x
x
x
x
On the question whet:her the plaintiff and his two predecessors,
Swami Atmavivekanand and Swami Sarupanand were not legally coml
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SRI KRISHNA v. MATHURA AHIR (Sen, J.)
669
petent to hold office of the mahant of the math in question, the learned
Single Judge observed :
"The finding of the court below on this point is in
appellant's favour, the reason given therefor being that the
plaintiff failed to prove that he or his
predecessors had
performed Atma Sradh and uttered Pravesh Mantra as mandatc.rily prescribed by Hindu law. The factual part of the
finding, viz., the performance of the Sradh and th.a utterance
of the Mantra, is binding in second appeal,
but
the
conclusion drawn therefrom is one of Jaw."
After referring to the authorities on the subject, he observes :
"A reading of the judgments in the above-nokd cases
will show that the various observations therein in rega.rd
. to performance of Atma Sradh and other rites (Prajapathiyesthi Viraja Homam etc.) and the utterance of Pravesh
Mantra etc. were made with reference lo particular sects o.r
categories of sanyasis claiming to belong lo a
particular
religious order or class of such order, or with reference to
"Sanatan", i.e,, orthodox, Hindu Dhar ma. It is true that
on cursory reading it would appear as if the observations
formulate indispensable legal requirements of the Hindu law
universally applicable to every (Hindu) ordained sanyasi,
but, upon a careful analysis I have found that that is not
so.
The law as stated therein is generally or usually, bnt
not invariably, applicable."
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In conclusion, he observes :
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"In the absence of any proof that the followers of Sant
Math or the tenets of that Math required of its Mahant
that he must necessarily belong to the twice-born class of
Hindus and be a Sanyasi in accordance with all the rites
and ceremonies mentioned in the aforesaid cases, I am not
prepared to hold that Swami Sarupanand and Swami Atmavivekanand were legally incompetent to be Mahants of the
Math or that the plaintiff is ai person disqualified frcm assuming and holding that office."
He accordingly held tbat the plaintiff and his predecessors,
SwawJ
Sarupanand and Swami Atmavivekanand were not legally incompetent
to be the mahants cf the math.
They. did not inflict themselves Olli
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the religious fraternity of Sant Mat Sampradaya nor had they been
H
foisted into the office of ma')Jant against the will or in spite oi the
disapporval of the religious fraternity.
In any event, even if the
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SUPREME COURT REPORTS
[1980] 2 S.C.R.
plaintiff was disqualified being a Sudra, he was entitled to sue as the
de facto mahant.
During the pendency of the appeal, the respondent-plaintiff Mahan!
Harsewanand having died, respondent No. 1, Mahant Harshankranand
was brought on record as an heir and legal representative.
It would be convenient, at the outset, to deal with the view
expressed by the High Court that the strict rule enjoined by the Smriti
writers as a result of which Sudras were considered to be incapable
of entering the order of yati or sanyasi, has ceased to be valid because
of the fundamental rights guaranteed under Part III of the Constitution.
In our opinion, the learned Judge failed to appreciate that
Part III of the Constitution does not touch upon the personal laws of
the parties. In applying the personal laws of the parties, be could
not introduce his own concepts of modem timeo but should have
enforced the law as derived from recognised and authoritativ~ sources
of Hindu law, i.e .. Smritis and commentaries referred to, as interpreted
in the judgments of various High Courts, except where such law is,
altered by any usage or custom or is modified
or
ab.regaled
by
statute.
On the main, in agreement with the High Court, we are inclined
to take the view that though according to the orthodo,x Smriti writers
a Sudra cannot legitimately enter into a religious Order and although
the strict view does not sanction or tolerate ascetic life of the Sudras,
it cannot be denied that the existing practice all over India is quite
contrary to such orthodox view. In cases, therefore, where the usuge
is established, according to which a Sudra can enter into a religious
orde!'. in the same way as in the case of the twice born classes, such
usage should be given effect to.
The first question, therefore, to consider here is : Whether there
was a math in existence at Garwaghat, and if so, whether the house
in suit was an accretion to the math ?
Math means a place fo~ the
residence of ascetics and their pupils, and the like. Since the time of
Sankaracharya, who established Hindu maths, these maths developed
into institutions devoted to the teaching of different systems of Hindu
religious philosophy, presided over by ascetics, who were held in great
reverence as religious preceptors, and princes and noblemen endowed
these institutions with large grants of property.
Dr. Bijan Kumar
Muldierjea in his Tagore Law Lectures on the Hindu Law of Religions
and Charitable Trusts, 4th ed .. p. 321, succinctly states:
" 'Math' in ordinary language signifies an abode or residence of
ascetics.
In legal parlance it connotes a monastic institution presided
over by a superior and established for the use and benefit of ascetics
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SRI KRISHNA v. MATHURA AHIR (Sen, !.)
671
belonging to a particular order who generally are disciples or co-disciples
of the superior,"
x
x
x
x
x
The property belonging to a math is in fact attached to the office
of the mahant, and passed by inheritance to no one. who does not
fill the office.
The head of a math, as such, is not a truste~ io the
~ense in which' that term is generally understood, but io legal contemplation. he has an estate for life io its permanent endowments and
an absolute property in the income derived from the offerings of his
followers, subject only to the bnrden of maintaining the institution.
He is bound to spend a large part of the income derived from
th·~'
· offerings of his followers on charitable or religion~ objects.
The words
'the bnrden of maintaining the institution' must be
understood to
include the maintenance of the math, the support of its head and his
disciples and the performance of religious and other charities in connection with it, in accordance with 'usage. See : Semmantha Pandam
v.
Sellappa Chetty [1879] ILR 2 Mad.
175
Giyana Sambandha
Pandara Sannadhi v. Kandasami Tambiran (1887) ILR 10 Mad 375;
Vidya Furna Tirtha Swami v. Vidyanidhi Tirtha Swamy (1904) ILR
27 Mad 435; Ram Prakash Das v. Anand Das (1916) 43 I.A. 73 (PC),
Vidya Varuthi Thirtha v. Babuswamy Iyer (1920-21) 48 I.A. 302;
Kai/asam Pillai v. Nataji Thambiran (1910) ILR 33 Mad, 265.
From the principles, it will be sufficiently dear that a math is an
institutional sanctum presided over by a superior who combines in
himself the dual office of beiog the religious or spiritual head of the
particular cult or religious fraternity, anct of the manage~ of the secular
properties of the institution of the math.
In the instant case, the
evidence on reco.rd sufficiently e&tablishes that a math came to be
established at Garwaghat and the building known as 'Bangla Kuti'
and certain other buildings, iocluding the house in suit constituted
the endowment of the math itself.
From a review of the general mass of evidence the High Court,
agreeing with the learned Munsif, held that the followers of the 'San~
Mat' fraternity are members of a religious order.
The long line of
witnesses who were all disciples of Swami Sarnpanand and/or Swami .
Atmavivekanand have rleady established that it is a religious institution
of monastic nature. lt is established for the rnrvice of the 'Sant Mat'
cult, the instruction in its tenets and observance of it~ rites.
The
Swamiji who is the Gurn is the Mahant, the spiritual and religious
leader of the fraternity.
According to tbe custom and usage of the 'Sant Mat' Sampradaya,
as pleaded by the plaintiff, the initiation or a chela by th~ Guru results
in complete renunciation of the world, and he ceases to have all con-
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SUPREME CQTJRT REPORTS
[1980] 2 S.C.R.
nection with his previous Ashramas before becoming a sanyasi.
For
becoming a sanyasi it is not necessary that he should be of a particular
Varnashram previously, i.e., even a Sudra can become a sanyasi. The
succession to the office of the Mahan! is .by nomination, i.e .. from Guru
to chela, the Guru initiates the chela after performing the necessary
ceremonies. The person initiated as a chela adopts the life of a sanyasi
and is pledged to lead a life of celibacy and religious mendicancy. The
sitting mahant hands over the management of the math to one of his
virtuous chelas fittest to >ucceed whom he nominate~ and whom he
wishes to install as mahant after him in his place.
He makes clear
this desire to the members d his Samprndaya, and also authorises the
nominated chela to give Bhesh Dikshawa.
After the death of the
mahant, the Bhesh and Sampradaya givo Chadar Mahanti of the math
to the said disciple at the time of the Bhandara.
The Courts below have concurrently found th•.t the custom or
usage, so pleaded has been established. They further found that the
plaintiff Mathura Ahir was initiated as a chela by Swami Atmavivekanand and nominated to be his successor.
They have also found that
at the Bhandam held after Swami Atmavivekanand's death, the plaintiff
was installed as the Mahan! of Ganvaghat Math by th~ Mahanls! and
Sanyasis belonging to t'he 'Sant Mat' Sampradaya, according to the
wishes of Swami Atmavivekanand Paramhans.
From the evidence on record, there can be no doubt that the math
at Garwaghat belongs to the 'Sant Mat' Sampradaya, which is a religious
Order.
No doubt, the plaintiff Harsewanand, P.W. 15, asserts :
"Followers of any religion can become a sanyasi in our
cult.
The practice of becoming sanyasi has been p.revalent
since Satyuga.
Man's life is divided into three Ashramas.
(Again said) : there are four Ashramas viz., Brahmacharya,
6rihastha, Vanaprastha and Sanyas.
Varnas are three,
Dashnami Sanyasis came into existence after Shankaracharya.
They are Puri, Gi~i, Bharti, Vana, Tirtha, Aranya, Parvat,
Sagar and Saraswati.
I am failing to recollect the name of
one of them.
The fonyasis of Sam Mat are not. Dashnami
Sanyasis.
Swarupanandji my Guru or I are not Dashnamis,
but all these cults are related with Sant Math.
I know
Niranjani and Nirvani Akharas. They belong to Dashnami
Sanyasis and Sant Mat Sanyasis.
We have connections with
Nirvani and Nirnnjani Maths.
Some customs of the Maths
of those Akharas are observed by us also."
(Emphasis supplied)
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SRI KRISHNA v. MATHURA AHIR (Sen, I.)
673
This is, however, contrary to what he had stated in his oral pleadings
under 0.10, r. l of the Code of Civil Procedure. The fact that the
'Sant Mat' Sampradaya is one of the Dashnami sects cannot be doubted.
There is unimpeachable testimony of Swami Viveksukhanand, who
along with Swami Atmavivekanand and others was initiated as a chela
by Swami Sarupanand on the same day, at the. same time. Durinf his
cross-exmination, this witness states :
"Sri Swarupanandji was Sadhu of Sant Sanyas Sampradai.
Sant Sanyas Samprad1i has been obtaining from ancient time.
This Sampradai is of those ten Sampradai which were founded
by Swami Shankracharji.
This (Sampradai) out of the Dasnam is Purinama.
There is no branch in Purinama (Sampradai) .... Niranjani and Nirvani Akharas are the Akharas
of"Giri Sampradai. If a Sanyasi of Giri, Puri, Bharti, or of
any Das Nam Sampradru abandons sanyas and re-enters into
the Grahast Ashram he is called a Gosain.
The rules for
making disciples in Giri and Puri Sampradai arc ant and the
same.
The rules in both these Sampra<lai for making chief
disciples, and appointing successor are also one and the same.
The rules, rituals and the ceremonies which am performed
at the time of installation to gaddi in both these Sampradai
are also one and the same.
There is no difference in Giri
and Puri Sampradai.
The rules, practices, rituals and customs fr•llowed at the time of installation to gaddi in all the
ten sampradaiyas founded by Swami Shankracliaryaji are one
and the same."
(Emphasis supplied)
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Though the math at Garwaghat established by Swami Sarupanand was
p
of recent origin, the High Court observes that the religious order denominated as 'Sant Mat' has had large following in Punjab and some other
parts of India since more than a century.
In a sense, therefore,1 Swami
Sarupanand himself did not for the first time evolve any new religious
order.
As regards the origin of the Math.