Judgment

HIDAYATULLAH, C.J.I. :- This is an appeal against the judgment of the High Court at Patna, dated January 15, 1964 affirming the decision of the Court of first instance. The case arose in the following circumstances:

One Chaudhary Lal Behari Sinha, who was the uncle of the two plaintiffs (respondents in this appeal), made an endowment by a will executed by him on December 2, 1908, by which certain properties were endowed in favour of an Idol called Ram Janakiji" also known as Shri Thakurji installed in the family house of the testator. The testator said that his parents had installed this idol inside their house and they used to perform the puja and he had also been performing the puja since the time he had attained the age of discretion. The testator went on to say that he had married two wives but no son had been born to him from either of them, although he had a daughter and there was also a daughter s daughter. When he made the will, he had his two wives living, two sister s sons, Babu Uma Kant Prasad and Babu Gouri Kant Prasad, and a daughter s daughter Giriraj Nandini Kuari. By the will, he arranged for the sebapuja, ragbhog, samaiya, utsava of Thakurji, and for the fe