B.D.Singh, J.

1. This appeal by the Bihar State Board of Religious Trust through its President is directed against the judgment and the decree passed by the Subordinate Judge in title suit No. 44/78 of 1959/64 holding that the properties mentioned in the Schedules of the plaint were personal properties of the plaintiffs and they were not the properties of the Public Trust. The learned Subordinate Judge also set aside the order dated the 28th February, 1959, (Ext 12) passed by Shri M.K. Chatterji, an authority under Sec. 43 of the Bihar Hindu Religious Trusts Act, 1950, (hereinafter referred to as the Act).

2. Mabanth Rambilas Das (original plaintiff-respondent No. 1) and Shri Das (plaintiff-respondent No. 2), the latter Chela of the former, had instituted a title suit on the 27th April, 1959. for declaration that the order dated the 28th February, 1959 (Ext. 12), passed by the authority under Sec. 43 of the Act was illegal and for further declaration that the properties mentioned in Schedules A and B of the plaint were not endowed properties; rather they were personal properties of the plaintiffs.

3. The case of the plaintiffs in brief was that the aforesaid properties were