INDERMEET KAUR, J.

1. This second appeal has impugned the judgment dated 4.1.1991 passed by the court of Additional District Judge whereby the judgment and decree of the trial judge dated 5.4.1983 was set aside. The Civil Judge vide judgment and decree dated 5.4.1983 had decreed the suit of the plaintiff. This was a suit for declaration and injunction against the defendant society seeking a prayer that the order of the Additional District Magistrate dated 16.12.1969 delivering articles of the Radha Krishan Bhagwan Mandir, Najafgarh, Delhi to the defendant society be declared null and void with a further prayer that the defendant society be directed to hand over the management of the Mandir to the plaintiff.

2. Briefly stated the factual matrix of the case is as follows: (i) Late Mahant Manohar Dass a renowned practitioner in the Ayurvedic system of medicine had out of his professional income built various temples, acquired agricultural land, religious places such as piyao and dispensaries. (ii) Late Mahant Manohar Dass had executed his last will and testament dated 1.11.1953 by virtue of which he had bequeathed his Ayurvedic Dawakhana to Ram Chander and Pooja Path s