JUDGMENT :

1. The appellants/plaintiffs have filed present appeal under Section 96 of C.P.C. challenging the judgment and decree dated 16.03.2007 passed by the learned Additional District Judge, Raigarh in Civil Suit No. 5- A/1988 by which the learned trial Court has dismissed the suit filed by the plaintiffs for declaration of the suit property mentioned in Schedule A situated at village Barliya measuring 9.57 acres and three buildings mentioned in Schedule B situated at Raigarh (hereinafter referred to as suit property).

2. For the sake of convenience parties would be referred to as per their status shown in the suit filed before the trial Court.

3. The brief facts as reflected from the plaint averments are that the deceased plaintiff Sadanand Shukla has filed civil suit mainly contending that the defendants are the office bearers of the so called trust Gopal Mandir Trust, Ganja Chowk, Raigarh. Defendant No. 1, 2 and 3 are claiming themselves as president, Secretary and treasurer respectively, remaining defendants are claiming themselves to be the members of the trust. It has been pleaded in the plaint that in the then Raigarh Princely State one Baba Kewaldas who was resident of Bih