( 1 ) THE State of Gujarat has filed this appeal under the following circumstances.

( 2 ) THERE is a temple situated in Hanuman Pole in Wadi area of Baroda City. One Atmaramdasji was the Mahant of that temple until he died on 4 October 1947. He belonged to Ramanandi sect. He was a Nisangi (bachelor ). According to the plaintiff he has been the disciple or Shishya of the late Atmaramdasji who initiated him as a Shishya on 19th December 1946. According to him though he was initiated as a Shishya on 19th December 1946 he was declared as a Shishya by Atmaramdasji on 23rd April 1947 in the presence of Sadhus Mahants and other disciples of the sect. He also underwent all ceremonies which were required for becoming a Shishya. He had performed the obsequial ceremonies of Atmaramdasji upon the latters death and had lit the funeral pyre of the deceased. He therefore in his capacity as the Shishya of Atmaramdasji claims to be his lawful heir.

( 3 ) ON 9th October 1947 one Sevadas Keshavdas and Maganlal Jagannath made an application to the District Magistrate Baroda stating that Atmaramdasji had expired without leaving any heir and that under the provisions of the Baroda Nivarsi