V.RAMASWAMI, J.

(1) -THIS appeal is brought by special leave from the judgment of the Allahabad High court, dated 3/02/1965 in First Appeal No 216 of 1954

(2) THE respondent along with three others filed suit No. 4 of 1950 in the court of District Judge, Kanpur, alleging that the property in dispute belonged to the Kureel community and the appellant was trustee thereof; that the property had been purchased by the Panches of the community for its benefit and other charitable purposes; that since its purchase it was used for that purpose; that the appellant had started claiming his own rights and had misappropriated the property. The suit was contested by the appellant who denied that the property Was trust property. He claimed that he was exclusive owner of the property along with members of his own family, that the buildings standing over the land were constructed by him with his own funds and that he did not take any help either from donations from the Municipal Board or from the members of the public. The suit came up for hearing before the Additional District Judge, Kanpur, who by his judgment, dated 5/05/1954, dismissed the same. The respondents preferred an appea