TaxTMI 
TaxTMI 
1974 (8) TMI 136
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....ears ago. The math with which we are concerned was established by him in Himalayas. This Math was known by the name of Jyotir Math or Jyotish Peeth. For centuries, the existence of this Math was unknown to the public and even the place where the Math stood had to be found out. In 1940, a society known as Bharat Dharma Maha-Mandal or Kashi made an effort to discover the Math and the effort proved successful. The relics of the Math were found near Badrikashram. The land on which the relics were found along with certain other property on the banks of Varuna in Kashi was acquired by the Society and thereafter the Society created an endowment of the land by a. deed dated April 11, 1941 in favour of Jyotir Math and Swami Brahmanand Saraswati ('Brahrnanand' for short), a man renowned for his piety and vedic learning was installed as the Head of the Math. 3. Brahmanand died on May 20, 1953. Before his death, he executed a will which was published on June 8, 1953. By the will, he nominated a panel of 4 persons in order of choice indicated in the will to succeed him as head of the Math. His first choice was Swami Shantanand Saraswati, respondent No. 1. Respondent No. 1 accepted th....
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....by respondent No. 1, etc., and to restrain him from prosecuting the application for succession certificate and also the mutation proceedings. 6. The defendant (respondent No. 1) practically denied all the allegations in the plaint and contended that the suit being one primarily for the vindication of the claim of- Krishnabodhashram to be the Shankaracharya of the Math, was not maintainable under Section 92 of the Civil Procedure Code. 7. The District Court found that Brahmanand executed the will while he was in sound disposing state of mind, that respondent No. 1 being one of the nominees under the will having the prior claim would have been entitled to succeed as the Head of the Math but for the fact that he was not learned in Sanskrit and the Vedas which was a necessary qualification for holding the headship of the Math. It further found that the allegations with respect to the breach of trust by respondent No. 1 had not been proved, that Krishnabodhashram was validly installed as the Shankaracharya of the Math but that the suit as it was brought for the vindication of the right of Krishnabodhashram to the headship of the Math, was not maintainable under Section 92 of the C....
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....d in the section. It is, therefore, clear that if the allegation of breach of trust is not substantiated cir that the plaintiff had not made out a case for any direction by the Court for proper administration of the trust, the very foundation of a suit under the section would fail, and, even if all the other ingredients of a suit under Section 92 are made out, if it is clear that the plaintiffs are not suing to vindicate the right of the public but are seeking a declaration of their individual or personal rights or the individual or personal rights of any other person or persons in whom they are interested, then the suit would be outside the scope of Section 92 [see Shamukhan v. Govinda A.I.R. 1938 Mad 92 Tirumalai Devasthanams v. Krishnayya A.I.R. 1943 Mad 466. Sugra Bibi v. Hazi Kummu Mia [1969] 3 S.C.R. 23 and Mulla: Civil Procedure Code (13th ed.), Vol. 1, p. 4001. A suit whose primary object or purpose is to remedy the infringement of an individual right or to vindicate a private right does not fall under the section. It is not every suit claiming the reliefs specified in the section that can be brought under the section but only the suits which, besides claiming any of the re....
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....acharya of the Math on June 25, 1953 and that respondent No. 1 had no right to be nominated as the Head of the Math by Brahmanand as he did not possess the requisite qualification and that his possession of the trust property was only in the capacity of a trustee de son tort, and so he must be removed from the headship of the Math. The High Court saw no reason to differ from that finding. We would be slow to disturb a finding of this nature especially when we see that the allegations in the plaint are reasonably susceptible of being so read. We think that the purpose of the suit was to settle the controversy as to whether Krishnabodhashram or respondent No. 1 had the better claim to the headship of the Math and to the possession and management of its properties by obtaining a declaration of the Court. If the real purpose in bringing the suit was to vindicate the general right of the public to have the rightful claimant appointed to the office, there was no reason why the plaintiffs omitted to implead or at least refer in the plaint to the three persons nominated by Brahmanand in his will to succeed him in the order indicated therein especially when it is seen that the plaintiffs ac....