Judgment

BOSE, J. : This is an appeal by the second plaintiff who is the adopted son of the first.

2. The suit is for a declaration that the second plaintiff is the guardian and vahivatdar of the Darga in suit known as Haji Malang and that he alone is entitled to look after the Darga and manage it and control direct and perform its rites and rituals; also for a declaration that the second plaintiff is entitled to take the offerings placed before the tomb of Haji Malang throughout the year, as also the cash and other offerings now lying in the Kalyan Treasury under the orders of the District Magistrate of that place. A perpetual injunction is also asked for restraining the defendant from disturbing the second plaintiff in the exercise of those rights.

3. The suit has certain curious features. The plaintiffs are Brahmins while the Darga which they have the right to manage is a Muslim Shrine, and beside the tomb of the Muslim saint is the tomb of a Hindu princess. Offerings are made at both tombs by persons of all faiths. The first plaintiff died during the pendency of the suit and the defendant died during the pendency of the appeal. He laid no claim to the Darga but only claimed to b