AIR 1935 ALLAHABAD 198

Allahabad High Court

Hon'ble Judge(s): Kendall, Iqbal Ahmad , JJ

(A) Hindu Law - Religious endowment - Math - Mahant is in position of trustee and has right to resign from office. A Mahant is in the position of a trustee and as there is no law under which a trustee is prohibited from resigning his trusteeship provided that the proper measures are taken for the protection of the trust, a Mahant can resign if he wishes to do so:(Para 202C2) (B) Hindu Law - Religious endowment - Math - Property does not vest personally in Mahant but only in institution - On appointment of new Mahant, no transfer by gift or otherwise of property to him is necessary. A Mahant is in the position of a trustee of the Math property, and the property appertaining to the Math vests not in the Mahant personally, but in the institution, and when a Mahant succeeds he cannot claim the Math property as his personal belonging, but merely as an appurtenance to his office. The property remains throughout the property of the institution, and when a new Mahant is installed there is no transfer of the property to him by gift or otherwise, but he assumes the office, which entails the management of the property appertaining to the "Math."(Para 203C1) (C) Hindu Law - Reli....