Judgment

SHELAT, J. : This appeal arises from a dispute between the appellant Board and the respondent which occurred when the Board tried to enforce the provisions of the Bihar Hindu Religious Trusts Act, 1 of 1951, in respect of the estate known as Kamlabari asthal consisting of a temple, buildings and lands. The respondent is the current mahant claiming direct descent from the founding mahant Gaibi Ramdasji in the line of succession from Guru to Chela. Gaibi Ramdasji was the recipient of certain lands from the then Maharaja of Darbhanga and other zamindars. From out of the income of these lands, a temple with Shri Ram Janki and Laxmanji as the presiding deities thereof and certain residential buildings were constructed. Later mahants added to these properties by acquisition from out of the income of the existing properties. The respondent-mahant resisted the Board s demand for production of accounts and other particulars and in consequence the Board took out criminal proceedings against the respondent. The respondent thereupon filed a suit of which this appeal is the outcome.

2. In the suit, the respondent claimed that the said as that and its properties were his personal properti