Judgement

SUBBA RAO, CJI. : This appeal by certificate is preferred against the decree of the High Court of Judicaticature at Allahabad decreeing the suit filed by the respondents for possession of the plaint-schedule property.

2. Shri Thakur Radhaballabhji, the deity, represented by Yasodanandan as next friend, filed O. S. No. 61 of 1946 in the Court of the 2nd Civil Judge, Kanpur, against the appellants for a declaration that the deity was the proprietor of house No. 49/54 situate in Ban Bazar in the City of Kanpur, for possession thereof and for mesne profits. The case of the plaintiff (1st respondent herein) was that Lala Jagan Prasad, the 2nd defendant to the suit, was the manager and Sarvarakar of the deity, that the said manager executed a sale-deed, dated January 13, 1942, conveying the said property to one Lala Behari Lal, the 1st defendant to the suit, for a consideration of Rs. 10,000 and that the sale, not being for necessity or for the benefit of the idol, was not binding on the deity. It was further alleged that, as the 2nd defendant had taken no steps to recover the property, in order to safeguard the rights of the idol the suit was filed through Jagan Prasad, who was