JUDGMENT

CHINNAPPA REDDY, J.:—The only question for consideration in this appeal is whether the plaint-schedule properties are properties in respect of which there is a trust of a public or religious nature so as to attract the provisions of Bihar Hindu Religious Trusts Act (Act 1 of 1951). The plaintiff-appellant filed the suit out of which the appeal arises for a declaration that the properties were his personal properties and that there was no trust of a religious or public nature so as to attract the provisions of the Bihar Act 1 of 1951. His case, as set out in the plaint, was that one Gurdyal Singh constructed a temple on his own land in the village of Dumri and installed the Deities of Ramji, Lakshmanji and Sitaji in the temple. He used to perform puja and rag-bhog till his death. The public had no concern with the idols. After his death he was succeeded by his son Gulab Singh who became a bairagi assuming the name of Gulab Das. Apart from the properties left by Gurdyal Singh, Gulab Das also acquired other properties. On his death he was succeeded by his Chela Brahmdas who in turn was succeeded by his Chela Dwarika Das. Each succeeding Mahant was succeeded by his Chela, the