Judgment

GAJENDRAGADKAR, C.J.I. : The short point of law which arises in this appeal is whether under Rule 5 of the Jaipur Matmi Rules, 1945, the appellant the Idol of Thakurji Shri Govind Deoji Maharaj, is liable to pay the Matmi amount in question. It appears that respondent No. 1, the Board of Revenue, had passed an order on the 6th November, 1956, directing that the Matalaba Matmi amounting to Rs. 15,404/14/6 be recovered from the Shebait of the appellant temple. The appellant disputed the validity of this order and filed a Writ Petition (No. 10 of 1957), in the High Court of Rajasthan contending that the said amount was not recoverable from the appellant. The High Court has dismissed this writ petition and the appellant has come to this Court with a certificate granted by the High Court.

2. In its petition, the case for the appellant was that several lands had been granted to the appellant from time to time and that these grants were made in the name of the Idol, and that the Seva Pooja of the Idol and the management of its properties was entrusted to the Goswami ever since the Idol of Thakurji Shri Govind Deoji Maharaj was taken to Jaipur from Brindaban. On the death of the Nin