JUDGMENT

N. L. UNTWALIA, J.:— This is a plaintiffs appeal by special leave. The trial Court dismissed the suit and the Bombay High Court maintained the dismissal in appeal by the plaintiffs.

2. The facts are a bit complicated. For the disposal of the present appeal, only a few of them need be stated in a narrow compass. One Ambabai, wife of Chintamanrao Ghatge purchased lands mentioned at items 1A to 1E in the plaint on the 3rd of December, 1896 in the name of the deity Shri Vitthal Rakhumai Dev. Lands at 1F, 1G and 1H were endowed by Ambabai to the deity by a deed of endowment executed in January or February, 1905. Under this deed of endowment, one Pandurang Babaji Pawar was appointed the Vahivatdar (Manager) and one Bala Appa Yadava was appointed as a servant of the deity. On the 1st of June, 1905, however, Ambabai executed a sale-deed in respect of all the suit properties except property 1E in favour of Pandurang and Bala. On the 23rd of June, 1907 Ambabai executed a second Will and in that also she reiterated that Pandurang was being appointed as Vahivatdar and Bala a servant of the deity. Ambabai died on the 12th of March, 1910. After her death Pandurang and Bala partitioned th