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 prope