Ramaswami, J.

1. The petitioner Mahanth Ramdas Chela had instituted a suit before the Subordinate Judge of Gaya asking for a declaration that he was the duly constituted Mahant of Moghal Kuan Sangat and of Bhandajore Sangat. When the plaint was originally presented it did not contain a relief for possession of the endowed properties. The suit was dismissed by the Subordinate Judge who found that the plaintiff had not established that he was initiated as a chela of Gulab Das, the previous Mahant, and further that the custom of nomination as alleged by the plaintiff was not proved. The Subordinate Judge also found that Bhandajore Sangat and the properties described in touzi B/106 were in possession of the defendant although the plaintiff was in possession of the Moghal Kuan Sangat. The Subordinate Judge, therefore, held that the suit was barred under Section 42, Specific Relief Act. Against the decision of the learned Subordinate Judge, First Appeal No. 389 of 1947 was presented before the High Court. When the appeal came before us in the first instance, we gave a hearing to the parries and decided that the main question at issue should be answered in favour of the plaintiff