BALAKRISHNA MENON, J. :- The plaintiffs are the appellants. The suit is one under O.21, R.63, C.P.C. (as it stood prior to its amendment by Act 104 of 1976) for a declaration that the six items of properties mentioned in the plaint belonged to deceased Goswamy Shri Vallabhlalji Maharaj and the properties are liable to be attached and sold in execution of the decree in summary Suit No. 1108/1954 on the original side of the Bombay High Court.

2. The plaintiffs are the legal representatives of the decree-holder Shri Chaturbhai Maganbhai Patel. Ext.A12 dated 21-1-1957 is the decree in summary Suit No. 1108/54 for recovery of Rs. 3,00,811.12 from the defendant Goswamy Vallabhlalji Maharaj. The judgment-debtor late Goswami Vallabhlalji Maharaj (hereinafter referred to as Vallabhlalji) died on 16-7-1957. E.P. No. 1/1961 was therefore filed against his widow and legal representative, who is the sole defendant in the suit. The defendant raised objection to the execution of the decree against the suit properties as one of the trustees of Goswamy Shri Chimanlalji Ghanashyamlalji Maharaj Trust contending that the properties attached in E.P. 1/1961 belonged to the Trust and are not indi