JUDGMENT

S.N. Variava, J.-This Appeal is against the judgment dated 3rd October, 1985 by which the Second Appeal filed by the Appellant (herein) has bean dismissed.

2. Briefly stated the facts are as follows :

The Appellants are representing Marwari Kumhar Community of Dewas. The suit was filed in a representative capacity. The Marwari Kumhar Community were holding religious functions in the temple and were using the Dharamshala situated on the suit property. They had engaged one Ganeshpuri, who acted as a Pujari. The said Ganeshpuri died on 11th of February, 1945. The son of Ganeshpuri (who is Respondent No. 1 herein) and the wife of Ganeshpuri (who is Respondent No. 2 herein) started claiming ownership to the property. Therefore, the Community filed a representative suit, sometime in December 1945, for a declaration of their title. They also claimed in that suit that they were entitled to keep on performing their religious functions and to use the Dharamshala as they always have been doing. At that time 1st Respondent was a minor. He was therefore represented by his guardian i.e. his mother. The 2nd Respondent had also been sued in her individual capacity. In that suit the Responden