Judgment

VARADARAJAN, J.:- This appeal by special leave is by the defendant-respondent in Second Appeal No. 626 of 1976 on the file of the Allahabad High Court and directed against judgment of the learned Single Judge of that High Court in so far as it relates to the appointment of the second respondent/second plaintiff Man Mohan as the Mohatmim/Shebait of the first respondent Shri Thakur Ladli Radhachandra Madan Gopalji Maharaj (for short "Gopalji") and the properties belonging to that idol.

2. The second appeal was filed by the respondents Gopalji and Man Mohan, plaintiffs 1 and 2 respectively. The second respondent who is the son of one Shyam Sundar claimed to have been adopted by Asharfi Devi, widow of one Purushottam Lal by the document A24 dated 20-11-1956. The High Court has not gone into the question of this Adoption in its judgment. Therefore, it is not necessary to refer to the case of the parties and the judgment of the courts below in detail in regard to the question of the adoption. The suit was filed by both the respondents for recovery of possession of the idol and temple of Gopalji described in the plaint and the money lying in deposit with the Punjab National Bank a