Sinha, J.

1. These two appeals by the defendants arise out of a single judgment and decree passed by the learned Additional Subordinate Judge of Monghyr, dated 21st June 1946, in a suit for declaration of title and recovery of possession of the properties as shebait of the deity, Shree Lakshmi Narayan Jee. First Appeal No. 171 is on behalf of defendant 1 Ramsarup Das, and First Appeal No. 332 is on behalf of defendants 2 and 3.

2. The plaintiff alleged that there is an ancient Asthal in village Salauna in the Begusarai sub-division of Monghyr District endowed with considerable properties. The institution was founded by Mahanth Masta Ram Bairagi Brabmachari Grihatyagi Vaishnava Sadhu of Shree Sampradaya Sect, with the help and support of the Hindus of the locality. He also alleged that the Asthal was a public charitable and religious institution for the behoof of the Hindu community; that the Asthal has large income from gifts and offerings made by the public for religious and charitable purposes; that out of the income and offerings, the mahanths successively acquired properties, and thus made accretions to the endowment; that the Asthal had thus acquired considerable properties detailed in Schedule A to the plaint; and that Mahanth Lakshmi Das, the plaintiffs guru, made considerable acquisitions for the public trust aforesaid, and erected a stonebuilt temple on the site of the old dilapidated temple at a large cost, and, in phagoon 1323 Fasli, formally endowed all the properties of the Asthal by mantra sankalpa to the deity, Shree Lakshmi Narayan Jee. The properties thus became debottar properties after the endowment aforesaid. Mahanth Lakshmi Das aforesaid died in Magh 1336 Fasli, leaving him surviving three chelas, namely, Bishun Das, Bhagwat Das and Rameshwar Das. During the bhandara, that is to say, sradh ceremony, of Mahanth Lakshmi Das, there arose a dispute amongst his chelas as regards succession to the shebaitship. That dispute was settled, and the deed of settlement is the ekrarnama, dated 5th February 1919, the terms of which were that the three chelas aforesaid ware to succeed one another as shebait, that is to say, Bishun Das was to come first, next to him was to be Bhagwat Das, and the plaintiff wag to come after him, and that, after the lapse of the life estate of those three persons a worthy bairagi of brahman descent would be selected by the gentlemen of the locality and the sadhus of the neighbourhood. It was also agreed as a result of the settlement that those three persons would not nominate their successors. Accordingly, Bishun Das became the first mahanth and shebait, and he was recorded in the Collectors records as shebait of the deity. Bishun Das died on 3rd March 1931, and, on his death, Bhagwat Das succeeded him as the mahanth and shebait according to the terms of the ekrarnama, and he also was recorded as shebait of the deity in the Collectors registers. Bhagwat Das died on 25th February 1935, and the plaintiff succeeded him as the shebait of the deity. The plaintiff thus became the shebait and mahanth not only as a result of the ekrarnama but also according to the custom and usage of the Asthal and the agreement of the people of the locality and the mahanths of the neighbourhood. The plaintiff also alleged that, according to the custom prevalent in the Asthal, the ablest chela is appointed shebait by the people of the locality and the sadhus and mahanths of the neighbouring mathas, irrespective of whether he was a senior or junior chela, in case the last reigning mahanth died leaving more than one chela. The plaintiff made an application for mutation of his name in the Collectors records in substitution of the name of last mahanth, Bhagwat Das; but he was opposed by defendant 1 who was set up by designing persons as the chela of the last mahanth, Bhagwat Das. The land registration case ended in favour of defendant 1, and, on the strength of the order of the Land Registration Courts, defenda