Judgement

JAGANNADHADAS J. : This is an appeal by the first defendant against the affirming judgment and decree of the High Court of Allahabad dated 22-2-1949, on a certificate granted by the said Court under Article 133(1) (a) of the Constitution. The suit out of which this appeal arises relates to an ancient Thakurdwara in the village of Amaulipur containing a temple of Sri Hanumanji and Sri Thakurji, the entire institution being known as Amaulipur Asthan (hereinafter referred to as "the Asthan").

The Asthan owns large property dedicated to it and specified in Lists A, B, and C of the plaint. The entire income of these properties is spent for the Bhog of the idols and in maintaining a Sada-Bart for Sadhoos and Faqirs. There is a fairly long history of litigation relating to this Asthan since about 1926 which it is necessary to set out for a correct appreciation of the points that arise for decision in the present appeal.

2. One Ganpat Das a previous Mahant of the Asthan died in the year 1920. He was succeeded by Mahant Bharat Das, still alive, who according to the plaintiffs case, became mentally deranged Bharat Das appears to have executed on 11-5-1925, a power of attorney in favou