AIR 1937 LAHORE 14

Lahore High Court

Hon'ble Judge(s): Addison, Abdul Rashid , JJ

Custom (Punjab)-Succession from Guru to Chela established-Last Mahant not having arty Chela but leaving will in favour of his wife and daughter-Suit for management of Gaddi after obtaining sanction under S. 92, Civil P. C.-Circumstance's proving. wakf-nature of property-Wife and daughter@page-Lah15must prove personal nature-Entry in Revenue papers-Value of. The succession to the gaddi of a Thakaradwara was established to be from Guru to Chela. The last Mahant, however, was a married person. He died without leaving any chela but leaving behind him a Will in favour of his wife and daughter. Certain persons brought a suit for the framing of a scheme for the management of the Thakaradwara after obtaining sanction under S. 92, Civil P. C.; the wife and daughter claiming that the property was the Mahant's personal property defended the suit as natural heirs to the Mahant : Held : under these circumstances the institution must be held to be wakf. In order that heirs should succeed, they must establish that the property was not dedicated property but was the private property of the mahant. This could not be so because succession had always been from Guru to Chela. The mere fact that in the revenue papers the mahant was named as owner of the revenue paying land amounted to nothing:(Para 15C2 16C1) ....