Judgment

SHAH, Actg. C. J.: Suit No. 41 of 1947 was filed in the Court of the Civil Judge, Mathura by the deity Thakur Janki Ballabhji Maharaj, acting through its manager-L. Tulsiram, authorised agent of the Bharatpur State, for a decree for possession of the temple of the deity at Brindaban in U. P.; and of the temple properties and for an order calling upon the defendant, Ramchand, to account for the realisations of the estate of the deity.

2. The case of the plaintiffs was that the Ruler of the State of Bharatpur built the temple at Brindaban and installed the idol of Thakur Janki Ballabhji Maharaj and dedicated the temple to the deity; that the Shebait of the deity who was a paid employee of the State was appointed by the Ruler of the State of Bharatpur; that one Chhotelal was appointed a priest to perform the worship in the temple under a written agreement dated April 8, 1936; that after the death of Chhotelal on May 13, 1942 Ramchand was appointed the priest of the temple on condition that he shall execute the usual agreement in favour of the State; that Ramchand entered upon the duties as pujari but failed to execute the agreement, and in course of time raised various construc