Judgement

Consolidated Appeals (No. 79 of 1937) from a judgment and decree of the Chief Court (October 23, 1934) reversing a decree of the Subordinate Judge, Mohanlalganj, Lucknow (February 22, 1932), and affirming a decree of the Subordinate Judge, Malihabad, Lucknow (February 28, 1933).

The main question in this consolidated appeal was whether the respondents, as the descendants of one Daryao Gir, were entitled to the property in suit, the Sri Bhaironji temple, in Lucknow, together with land and houses adjacent thereto, as their personal private estate, or whether the property was impressed with a trust of a public religious character.

The nature of the suits out of which the appeals arose, the facts and the decisions of the Subordinate Judges appear from the judgment of the Judicial Committee.

The Chief Court of Oudh (Nanuvutty and Zia-ul-Hasan JJ.) in one judgment covering both appeals, held that the temple property was not impressed with a public trust, but was the private property of the joint Hindu family of which the respondents were members.

1939. July 18, 20. Subba Row for the appellants. T. B. W. Ramsay for the respondents.

Oct. 10. The judgment of their Lordships was de