Judgment

JAGANNATHA SHETTY, J.: - We are concerned in this appeal about the management of Ram Mandir, Varanasi. Purushotham Das, the father of the appellant was a religious person. He along with Sheonath Puri, who appears to be the preceptor of defendant, founded the said Ram Mandir. During the lifetime of Purushotham Das and Sheonath Puri, there was no problem in the management. After their demise, the dispute started. The plaintiff 1 claimed that he was the exclusive shebait of the temple. His case was founded on the ground that the right of shebaitship vested in Purushotham Das being the sole founder of the temple. Purushotham Das exercised that right till his death in 1951 and before his death, he nominated his son, plaintiff 1 to succeed him.

2. There is, however, no dispute that Shri Purushotham Das so long as he was alive, was managing the day-to-day administration of the temple and thereafter, the defendant was claiming himself as the shebait. There is no deed of dedication vesting shebaitship in any particular person.

3. The plaintiff, therefore, brought a suit for declaration that he was entitled to be the chief shebait of the temple with final authority to control and mana