JUDGMENT

G.P. Mathur, J.-This appeal by special leave has been preferred against the judgment and order dated 7-3-1995 of a Division Bench of High Court of Madhya Pradesh by which the letters patent appeal preferred by the appellant was dismissed and the judgment and order dated 2-9-1994 of the learned Single Judge by which the writ petition filed by Pandit Durga Prasad, the predecessor-in-interest of respondent Nos.1 (a) to (e) had been allowed was affirmed.

2. There is a temple known as Shri Madan Mohan in Jawahar Nagar, Harda in the District of Hoshangabad. There are some shops in the precincts of the temple which have been let out to different tenants. According to the appellant, the temple and the shops are owned and managed by a public trust known as Maheshwari Panchayati Mandir. While according to Pandit Durga Prasad, the predecessor-in-interest of respondent Nos.1 (a) to (e), the temple and the shops are property of his family and they do not belong to any public trust.

3. Pandit Kamta Prasad (brother of Pandit Durga Prasad) moved an application on 29.8.1953 under Section 4 of the M.P. Public Trusts Act, 1951 (hereinafter referred to as "the Act") for registration of Shri Mad