Judgment

ALAGIRISWAMI, J. :- The question for decision in this appeal is whether the temple of Shree Maharaja Ram Janki Lacchuman Maharaj in the village of Mauza Deogan in the State of Bihar is a religious trust within the meaning of the term in Section 2, clause (1) of the Bihar Hindu Religious Trusts Act, or a private endowment.

2. Two brothers, Ram Adhikari Choudhary and Ram Lochan Choudhary, and Amir Prasad Choudhary, son of their brother, for himself and as guardian of Ramakant Prasad Choudhary, who were all members of a joint Hindu family executed on 17-6-1921 a samarpannama by which they dedicated certain properties to the above mentioned temple. By that deed of dedication they completely divested themselves of any interest in the properties except that they and the members of their families were to be shebaits. By the same deed five persons, who were absolute strangers to the family, were appointed panchas "to take the rendition of account of the income and expenditure from the manager, shebait for the time being year after year on the death of the executants.......... If in the opinion of the said panchas the manager and shebait for the time being be found (illegal) and extr