GAJENDRAGADKAR, J. :- The principal question which this appeal raises for decision is whether the temple of Shree Gokul Nathji at Nadiad is a public charitable temple of the followers of Vallabha cult at Nadiad or whether it is a private temple belonging to the present worshipper, Goswami Shree Mahalaxmi Vahuji.

2. In the suit from which this appeal arises, the Vaishnav devotees of this temple alleged that the temple is a public charitable temple and claimed certain declarations in regard to the properties belonging to this temple. According to the plaintiffs, the idol of Shree Gokul Nathji is a public idol worshipped by the Vaishnava devotees of the place, and the Maharaja or the Maharani, who may be in management of the temple for the time being, is the trustee of the said idol and the temple in which it is worshipped.

3. Public festivals are held in this temple, like any other Hindu public temple, and it is the right of every Vaishnava follower of the Vallabha cult to take part in such festivals and to visit Shree Gokul Nathji for darshan. For the upkeep and maintenance of this temple, lagas or contributions have been paid by the Vaishnava businessmen of the town for more