1. Special Civil Suit No. 208 of 1947 filed by the plaintiff Shrimant H.H. Sir Chintaman Dhundiraj alias Appasaheb Patwardhan against the defendants for a decree for Rs. 35,000 from the estate of defendant 1 with the defendants or in the alternative for a decree for Rs. 20,000 with interest from 10-11-1944 has been dismissed. The plaintiff has appealed to this Court.

2. It was the plaintiffs case that Shri Sadguru Narayan Maharaj Kedgaonkar established an institution described as Shri Sadguru Narayan Maharaj Datta Sansthan and Datta Mandir, Ked-gaon, Bet Taluka Bhimthadi, District Poona; that during his lifetime Shri Narayan Maharaj was doing daily and occasional worship of Shri Datta and big festivals and puja of Shri Satyanarayan were performed on a large scale; that Sansthan devotees were paying cash or offering various gifts on several occasions and from these gifts and offerings the expenses of the Sansthan were met; that Shri Narayan Maharaj thought it expedient to make arrangements or a permanent income for the expenses of the Sansthan, so that the institution may not have to depend on the offerings made by the devotees; that for making a permanent arrangement in that