Mr. Jayakar:-

This is an appeal from a decree of the High Court at Allahabad, dated 30th April 1934, which varied a decree of the Court of the Subordinate Judge at Saharanpur dated 29th April 1929. The appeal arises out of a suit by respondent 1 suing as the chela and successor under the terms of a will, for a declaration of his title and for possession and mesne profits of a certain immovable property, being a building situated in the Hindu Shrine of Hardwar, called Haveli Buriawali and certain rooms or outhouses appertaining to it. It appears that there was a gift of this property at some ancient time to one Atma Ram who apparently held it as his own property. After his death it went to his chela, Ashtabakar (it is not clear whether by will or by operation of law). After him it descended to his gurubhai or brother disciple Dhian Das and after his death it again went to the latter's chela Kishen Das. During his lifetime, Kishen Das held and enjoyed the property as his private and personal property. He took one Saheb Das, an infant of about 2½ years, as a chela. Kishen Das died in 1904, leaving Atar Kunwar (defendant 1) as his widow. It is not clear from the proceedings what the exa