Judgment

MATHEW, J.:- The appellants, as plaintiffs, filed a suit under Section 92 of the Civil P.C. alleging breach of the Civil P.C. alleging breach of a trust created for a public purpose of a religions nature and praying for removal of the defendant, the head of the Math in question claiming title to the office under a will executed by the predecessor-in-office and for other reliefs. The District court dismissed the suit on the ground that the suit will not lie under Section 92 of the Civil P.C. The High Court, on appeal, upheld that judgment and, this appeal, by special leave, is directed against that judgment.

2. Adi Shankaracharya founded Maths at four centres in India about a thousand years ago. The Math with which we are concerned was established by him in Himalayas. This Math was known by the name of Jyotir Math or Jyotish Peeth. For Centuries, the existence of this Math was unknown to the public and even the place where the Math stood had to be found out. In 1940 a society known as Bharat Dharma Mahamandal of Kashi made an effort to discover the Math and the effort proved successful. The relics of the Math were found near Badrikashram. The land on which the relics were fou