Chaudhary Sia Saran Sinha, J.

1. This is an appeal by the defendant against the judgment and decree of the learned Subordinate Judge, Barh in title suit no.2 of 1965, insituted by the respondent Bihar Hindu Religious Trust Board (hereinafter referred to as the Religious Trust Board) for a declaration that the endowment created by the registered deed of Samarpannama dated 12.4.1933 marked Ext. B is a public trust and not a private one.

2. The two widows Smt. Gango Kuer wife of Lal Babu and Smt. Mango Kuer wife of Tulsi Sao, both the Mohall Bazidpur Dayachak within barh P. S. of the district of Patna, installed the idols of Shri Ramji, Shri lachhumanji and Shri Jankiji in a portion of their house and for the Rag-Bhog etc. of the said idols they dedicated properties, the subject matter of the deed of Samarpannama (Ext. B) to the said idols. Under Ext. B the two widows appointed themselves as the Manager (Muntajim) and Mutawalli of the Thakurbari locating the said idols till their life time for making arrangement for the pujas, Rag Bhog etc. of the said idols in the manner they liked (Hasab khahish wo Pasand Khudha ). After their death, issueless as they were, they nominated th