( 1 ) THE plaintiff has filed this suit for a declaration, partition, rendition of accounts, mandatory and permanent injunction. The suit is in respect of two properties; one being house No. 2460, Chhipiwara, Delhi and the other being nine shops known as Tata Ram shops, Muradnagar, Uttar Pradesh. The allegations made in the plaint are :

( 2 ) THAT the Chhipiwara property was purchased from the common savings of the Tata Ram, Ganga Sahai and Bhairon Prasad in which they all lived together being joint in mess. However, the property was purchased in the individual name of Bhairon Prasad; that it was the desire of the said Tata Ram, Ganga Sahai and Bhairon Prasad that the Chhipiwara properties should never be sold and should remain the ancestral house of the family and it was with this intention that Bhairon Prasad dedicated the house at Chhipiwara to the private deity of the family. The dedication is alleged to have been made in the name of Shri Radha Kishanji Maharaj where idol of Radha Kishanji was installed. It is stated to be a private temple for the use of the family and in existence since about 1929. The allegations are that since the Chhipiwara property is dedicated