SHIVA KIRTI SINGH, J.

1. ,The defendant is the appellant in this first appeal which arises out of a suit filed by Bihar State Board of Religious Trust, the plaintiff-respondent, for a declaration that the properties appertaining to the Pokharam Asthal are public trust properties to which the Bihar Hindu Religious Trusts Act 1950 applies and also for setting aside an order dated 25-2-1961 passed by the authority under Sec. 43 of the Act by which the authority held that properties as private and personal properties of the Mahanth and not of any public trust.

2. The aforesaid title suit bearing No. 54/10 of 1961/1966 was decreed by the judgment and decree under appeal dated 17-5-1967 passed by 1st Additional Subordinate Judge, Darbhanga mainly on the basis of law laid down by the Supreme Court in the case of Mahanth Sri Sri Niwas Ramanuj Das V/s. Surajnarain Das reported in AIR 1967 SC 256.

3. For deciding this appeal the plaintiffs and defendants case may be noted in brief. According to the plaintiff, there is a Math or Asthal at village Pokhram which is known as Pokhram Asthal of which the defendant is the Mahanth. This Asthal is in existence since long and it is a public in