Order

C.A. No. 947 of 1980

This appeal by special leave arises from the judgment dated 19th March, 1980 passed by the learned Single Judge of the High Court of Allahabad in SA No. 1940 of 1977.

2. The admitted position is that one Hari Das owned considerable properties situated in the town Khair of Aligarh District which is part of Schedule ‘B’ attached to the Plaint. He constructed a temple, by name Shri Jugal Kishoreji Maharaj Mandir. There­in, the principal deity is Lord Krishna and Radha. He endowed all his properties to the Mandir. During his life time, he was in-charge of the temple as de facto trustee and he did seva (service) and pooja to the deity. After the abolition of the estate under the U.P. Zamindari Abolition and Land Reforms Act, 1950, bhumidari rights in the properties were con­ferred on the deity Lord Krishna and Radha. Hari Dass left behind him four chelas by name, Narain Das, Bansi Dass, Manohar Dass and Ram Dass alias Ram Chander. Appellant No. 1 Rambir Das and his brother Har Govind Das are sons of Ram Dass. Bansi Dass, the last serving chela, had executed a Will, Ex. B-19 and 9.2.1955 whereunder he nominated the plaintiff and his brother as Shebaits of the Mand