JUDGMENT - (1) This appeal arises out of a final decree made by the learned District Judge of West Khandesh at Dhulia in a suit instituted for accounts of a temple known as Shri Chandraprabhu Khandelwal Jain Temple at Dhulia.

(2) The plaintiffs alleged that the temple was a public trust; that all the members of the Khandelwal Jain Community were interested in the trust; that it was a temple of the Community and that the devotees offer their oblations to the temple on various occasions in their families; that certain festivals were held in the temple; that the father of the defendant No. 1 was a leading member in the community and for more than 40 years he was looking after the temple. After the death of Gulabchand Hiralal, hi son, the defendant No. 1, started managing the property,- the death of his father was somwwhere in 1949. It was further alleged that Gulabchand Hiralal contended that the temple was his familyproperty and that the members of the public had nthing to do with the temple. Because of this contention of his a suit was instituted being suit No. 51 of 1937 against Gulabchand Hiralal. It, however, appears that sanction was not obtained from the Collector under Section

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