Judgment

SHELAT, J.

( 1 ) THIS appeal, by certificate, is directed against the judgment and decree of the High court of Allahabad, dated 5/08/1965 and relates to a piece of land together with buildings thereupon including an Akhara (wrestling ground ). The property is situate in Kanpur and bears at present Municipal No. 26/72, its original No. being 26/30.

( 2 ) SOME time prior to 1830, one Mani Ram, well-known during his lifetime as a wrestler, purchased a groveled with trees standing thereon. Whether he purchased one such groveland and divided it into two, or purchased two such groveland and amalgamated them into one is not quite certain. Along with this land he was possessed of other properties adjacent to the said groveland. It appears that being himself a wrestler and fond of that sport Mani Ram purchased the said groveland for setting up and maintaining an Akhara where wrestlers of both Hindu and Muslim communities could come for wrestling. Besides the income from the said groveland, Mani Ram spent large amounts for promoting wrestling and to that end made a number of disciples.

( 3 ) HE had by his first wife six sons and a seventh son, Mangali Prasad, a wrestler of repute, fro