Judgement

RAMASWAMI, J. : This appeal is brought by special leave on behalf of the plaintiffs from the judgment and decree of the High Court of Allahabad dated November 13, 1959, dismissing First Appeal No. 342 of 1948 arising out of the judgment and decree of the Civil Judge of Saharanpur, dated September 6, 1948, in Suit No. 64 of 1945.

2. This suit was brought by the appellants as representing the Udasi sect under O. 1, R. 8 of the Civil Procedure Code in respect of the Dharamshala at Hardwar containing the Samadhi of Baba Bakhat Mal, founder of the Gaddi Shanter Shah which is located in Roorkee Teshil of Sahranpur District. The appellants prayed for a declaration that the Dharamshala was a wakf property and not transferable and that the sale deed dated June 14, 1945 executed by respondents 1 and 2 in favour of respondents 3 and 4 was illegal and inoperative. It was alleged by the appellants that the Dharamshala was not part of the Gaddi Shanter Shah but was a separate endowment and the Mahant of Gaddi Shanter Shah had no right to alienate practically the entire dharamshala and destroy the substratum of that endowment. It was stated that respondents 1 and 2 executed the sale dee