Ramaswami, J.

1. This appeal concerns two temples known as "Jora Mandir" founded and endowed by Bakshi Bhagwat Lal in the town of Arrah, The plaintiff brought the suit alleging that Bakshi Bhagwat Lal had endowed the properties mentioned in Schedule A of the plaint and had appointed Pandit Aditnath Misser as hereditary mutwalli and Pujari. After the death of Aditnath his son Loknath filled the office. Thereafter Loknaths sons Mahadev and Mahanand agreed that they would remain Mulwalli and Pujari in rotation for one year each. The plaintiff is the grand-son of Mahadev but the defendants had refused to permit the plaintiff to work as Mutwalli and Pujari in his turn. Plaintiff hence asked for partition of "his right of worship in the temple and offerings".

Defendant 1 resisted the plaintiffs claim. He denied that Bakshi Bhagwat Prasad appointed Adinath Misser as Pujari. Bakshi Bhagwat Prasad himself acted as mutwalli in his lifetime. He appointed one Reoti Raman Misser as Pujari on whose death Loknath, Mahadev and Gouri-shankar became successive pujaris. The defendant denied that there was any arrangement between Mahanand and Mahadeo for rotation of office of pujari. The defen