Judgment

B. K. MUKHERJEA, J. This appeal is directed, against a judgment and decree of a Division Bench of the Punjab High Court, dated the 30th April 1952, by which the learned Judges reversed, on appeal, a decision of the Subordinate Judge, First Class, Jullundur dated the 31st May 1948, passed in Suit No. 131 of 1947.

The facts material for our present purpose may be briefly stated as follows: There is a Thakardwara or religious institution belonging to the Ram Kabir sect of Hindu Bairagis situated at Mouza Jamsher within the district of Jullundur. One Kishore Das was admittedly the last Mahant of the Thakardwara, who died on the 4th of April 1945. On the 31st March 1945, that is to say just four days before his death, Kishore Das granted a lease in respect of 645 Kanals of land, appurtenant to the endowment, for a period of 10 years in favour of defendants respondents 1 and 2 at an annual rental of Rs.1,500 only. The suit, out of which this appeal arises, was instituted by Sital Das, who is the appellant before us, in the Court of the Subordinate Judge, First Class Jullundur on 2nd January 1946 making the two lessees, mentioned above, parties defendants, for recovery of possessio