Judgment

HIDAYATULLAH, J. : This appeal with a certificate of the High Court of Judicature, Bombay, has been filed against the judgment and decree of that Court dated April 22, 1949, in First Appeal No. 403 of 1945, confirming the judgment and decree of the Civil Judge, Senior Division, Nasik in Special Suit No. 5 of 1943 decided on August 14, 1945. The High Court made a slight modification in the matter of costs, to which shall refer later.

2. The plaintiff, who is the appellant here, is the descendant of one Ganpati Maharaj, who was a devotee of "Shri Venkatesh Balaji". Ganpati Maharaj died in 1701 at the ripe age of 98. When Ganpati Maharaj was 72 years old, it was vouchsafed to him in a dream that an image of Venkatesh Balaji would be found by him in river Tambraparni in Tirunelveli District. He found the image, brought it to his house in Junnar (Poona District) and installed it. The worship of Shri Venkatesh Balaji was carried on by him, and when he died, he left behind him three sons and a daughter. His eldest son, Timmayya, at the time of his death was 12 years old. Timmayya succceeded Ganpati Maharaj and lived till 1768, when he died at the ripe age of 79. During his lifetime