Judgement

Appeal (No. 58 of 1921) from a judgment and decree of the High Court (June 6, 1918) reversing a decree of the Subordinate Judge of Moradabad (August 23, 1915).

The suit was brought by Laltu Singh, the predecessor of the present appellants, to recover possession of certain immovable property which had formed part of the estate of Raja Gur Sahai, deceased, whose reversionary heir the plaintiff claimed to be. In 1876 the Rajas widow, while in possession of his estate, had made a gift of the property in suit to the temple of Jagannath at Puri, by a deed which is set out in the judgment of the Judicial Committee. The gift was made in performance of a vow made by the widow on a pilgrimage to Puri, and was for bhog (food offerings) to the deity, and for the maintenance of the priests in charge. It was found that the property represented about one-seventy-fifth of the whole estate, which produced an annual income of Rs. 60,000. The temple authorities had sold the land to the first respondent; the second respondent (defendant) was a lessee from him.

The Subordinate Judge made a decree for possession and mesne profits. He based his judgment on the view that the purpose of the gift