AIR 1934 MADRAS 624

Madras High Court

Hon'ble Judge(s): Madhavan Nair, Jackson , JJ

(A)Adverse Possession - Adverse possession of alienee of mutt property commences on death of mahant who disposed it or on his ceasing to be mahant - If succeeding mahant does not put an end to it, title of mutt will be barred - Hindu Law, Religious Endowment. Where a mahant disposes of mutt property, adverse possession of the particular property will commence when the mahant who had disposed @page-Mad-625 of it ceases to be a mahant by death or otherwise, and if nothing is done by the succeeding mahant or his successors to put an end to that adverse possession before the statutory period is completed, then the title of the mutt is barred by adverse possession: Case law reviewed. (B)Hindu Law - Religious Endowment - Mahant is incompetent to create interest in mutt property to enure beyond his life Apart from the question of necessity, a mahant is incompetent to create any interest in respect of the mutt property to enure beyond his life.