R.K.Choudhary, J.

1. This is an application by the defendants. The plaintiffs opposite parties I to 4 filed Title Suit No. 127 of 1958 in the Second Court of the Munsif at Samastipur for a declaration that the lands in suit were their personal properties and the order dated the 13th of June, 1958 passed by the authority under Sec. 43 of the Bihar Hindu Religious Trusts Act declaring the same to be public trust property was illegal, and for a permanent injunction restraining the petitioners from taking possession of the same. The case of the plaintiffs was that their father, Punia Misra, had acquired the property in the benami name of their family deity. The defence of the petitioners was that the suit lands were not acquired by the plaintiffs family, but they were acquired out of public subscriptions and that the deity named in the sale deed is not the family deity of the plaintiffs. The trial Court accepted the pleas taken in defence and dismissed the suit of the plaintiffs.

In an appeal in the lower appellate Court filed by them, the plaintiffs gave up their case of the suit lands being their personal property and private acquisition, but pressed the appeal on the ground