Judgment

HEGDE, J. : The main question for decision in this appeal is whether the Haveli at Nadiad in which the idol of Shree Gokulnathji is installed as well as the other properties detailed in plaint schedules A & B are the properties of a public religious trust created by the followers of Vallabh cult residing at Nadiad.

2. The history of the suit institution and its management as also the various pleas taken by the parties have been elaborately set out by the High Court in a well considered judgment. Hence we shall refer only to such pleas as are necessary to decide the contentions advanced before us.

3. The plaintiffs are the residents of Nadiad. They are Vaishnavites. They belong to the Vallabh Sampradaya. They sued for a declaration that the properties mentioned in Schedules A & B of plaint are properties of the ownership of the trust mentioned earlier. They are suing on behalf of the Vallabha Sampradayees residing at Nadiad. According to their case as finally evolved that even during the last quarter of the 18th Century, the Mandir of the Gokulnathji existed at Nagarwad in Nadiad Prant, but in about 1821, a new Mandir was constructed by the followers of the Vallabha school at