( 1 ) THE plaintiff is the appellant in this second appeal. He has filed this appeal against the judgment and decree dated 15-4-1972 parsed by the principal Civil Judge, Shimoga in R. A. No. 159 of 1969 dismissing his appeal filed againrt the judgment and decree dated 7-11-1969 passed by the Munsiff, Sagar in OS. No. 232 of 1962 dismissing the suit which was brought by him agjainrt the defendant for a declaration of title and recovery of possession of the suit schedule property with past and future mesne profits and costs.

( 2 ) THE few facts relevant for the disposal of this appeal may be stated under : the plaintiff's case is that the plaint schedule property consisting of a house and back-yard is the trust property of the Humcha Sri Jain Mutt of which the plaintiff is the present Swamiji. The defendant father was an employee of the said Mutt. He was allowed to ure a portion of the suit house by the plaintiff's guru as he was helping the Bhaktas, pilgrims and agents to stay in the suit house during their visit to the Mutt. Though the suit property was exempt from payment of kandayam, kandayam was levied on it and the defendant's father was directed to pay kandayam on the suit pro

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