Judgement

Appeal from a judgment and decree of the Court of the Judicial Commissioner (April 29, 1916) varying the decree of the Additional District Judge of Buldana.

The suit was instituted against Raja Baji Rao, the deceased father of the present appellant, with sanction granted under s. 539 of the Code of Civil Procedure, 1882, to remove him from the management of the properties of a Hindu shrine, and for the appointment of a new trustee. The facts material to this report appear from the judgment of their Lordships.

The learned Judicial Commissioners in the course of their judgment said " The first question is whether the sansthan is a public trust. Of this we have no doubt whatever. It is a view well established that a trust for a Hindu idol and temple is to be regarded in India as prima facie created for public

17 Law. Rep. 48 Ind. App. 12 ( 1920- 1921)

Raja Anand Rao V. Ramdas Daduram 118

charitable purposes. This presumption has not been rebutted by any evidence given in this case. On the contrary the learned District Judge has set out a chain of evidence going to show that the temple or shrine now in dispute, though founded by a remote ancestor of the family of which the appe