Judgement

VENKATARAMA AYYAR J. - The point for decision in this appeal is whether a Thakurdwara of Sri Radhakrishnaji in the village of Bhadesia in the District of Sitapur is a private temple or a public one in which all the Hindus are entitled to worship.

2. One Sheo Ghulam, a pious Hindu and a resident of the said village, had the Thakurdwara constructed during the year 1914-16, and the idol of Sri Radhakrishnaji ceremoniously installed therein. He was himself in management of the temple and its affairs till 1928 when he died without any issue. On March 6, 1919, he had executed a will whereby he bequeathed all his lands to the Thakur. The provisions of the will in so far as they are material, will presently be referred to. The testator had two wives one of whom, Ram kaur, had predeceased him and the surviving widow Raj Kaur, succeeded him as Mutawalli in terms of the will and was in management till her death in 1933. Then the first defendant, who is the nephew of Sheo Ghulam, got into possession of the properties as manager of the endowment in accordance with the provisions of the will. The appellant is a distant agnate of Sheo Ghulam and on the allegation that the first defendant