JUDGMENT: * * * * *

The plaintiffs filed the present suit for possession of a site ABCDE shown in the map filed with the plaint on the allegation that the land belongs to the Vaishnava Bairagi Samaj together with the structure thereon and he tombs and the temple and that the property constitutes a public trust. The suit was brought by five plain tiffs who claimed to be the members of this Vaish-nava Bairagi Samaj. It appears that there was an old structure on the property which was dismantled by the defendants, the present respondents, who built a new one on the property. There is no dispute that at one time this property used to be managed by one Narsindas Bhagwandas Bairagi who had three sons Bhagwandas, Narayandas and Laldas. Narayandas, who managed -he property after Narsingdas, had three sons Kisandas, Bisandas and Bandhudas, and it would appear that Bisandas mortgaged the property with Kisan, the father of the present defendant No. 1, on the 2nd of June 1927 for a consideration of Rs. 800/-. According to the plaintiffs, this mortgage by Bisan das was without the consent of the Panchas of the Bairagi community and Bisandas had no right what ever to mortgage the land. On thi

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