BIRENDRA PRASAD SINHA, J.

1. This is an appeal by the plaintiff. The plaintiff filed a suit for declaration that the Radha Krishnaji temple along with the properties attached to it, situate in Am Bagan, in the town of Jamshedpur, is a public temple, and for setting aside the order dated the 12.12.1963, passed under Sec. 43 of the Bihar Hindu Religious Trusts Act, by the competent authority.

2. The plaintiffs case, inter alia, was that defendant Madan Lal Joshi is a Shebait of the public Thakurbari known as the Am Bagan Thakurbari. The land upon which this temple stands was donated by the pradhan of Sakchi by a Hukumnama, dated the 8th of Baisakh, 1319 Fs., for the construction of the temple. The general public liberally contributed for the construction and establishment of the Thakurbari. Since its very inception members of the public have access to the temple where they perform puja without any let or hindrance. The general public of the locality have always treated this Thakurbari as a public Thakurbari.

3. The defendant contested the suit and pleaded that the Thakurbari was known as Marwari Thakurbari and it was not a public Thakurbari. There was a Shivalaya which was no