JOSHI, J—This is an appeal by the defendants against the judgment and decree of the learned Additional District Judge, Ganganagar dated 2-12-1969, decreeing the plaintiffs suit for declaration and other ancillary reliefs which will be referred to here in after in detail. For reason which will presently appear, it is necessary to set out the allegations of the plaint clearly and in considerable details. It is stated in the plaint that Baba Baggaiingh of Tarantaran established a religious institution for the propagation of the tenets and preachings of the Radhaswami faith at Tarantaran. He accordingly initiated many disciples to this order and acquired movable and immovable properties for the development and progress of the order. He consequently established a Dera which is known as Sant Sat Guru Baba Bagga Singh Dera at Tarantaram here in after referred to as the Dera. Baba Bagga Singh in his lifetime nominated Sant Sat Guru Deva Singh as his principal disciple descendant to the Gaddi. On the death of Baba Bagga Singh, Deva Singh succeed to the Gaddi He also acquired properties Baba Deva Singh died on 20-12-60 Three or four months prior to his death, he had become extremely weak and was not in a position to even walk. It is further stated in the plaint that some interested persons had created factions amongst the sewadars and won some of them over their side with a view to grab the properties of the said Dera. To achieve this end, it is stated that they managed to get executed by Sant Sat Guru Deva Singh, trust deed Ex.2 and deed of transfer Ex 3 in respect of the properties of the Dera by exercising coercion, undue influence and fraud upon him on 15-12-60, and also got established an Association under Memorandum of Association Ex.1. It is pertinents to mention here that under the trust-deed Ex 2 dated 15-12-60, Baba Deva Singh appointed himself the sole trustee of the properties of the Dera and in the capacity of the sole trustee, transferred on the same day all the properties under Ex. 2 belonging to the Dera in favour of the Association here in after to be referred as defendant No.1, for the management of the aforesaid properties. The plaintiffs allege that the trust-deed Ex.9 and the transfer-deed Ex 3 as well as the Memorandum of Association Ex.1 and the Association made thereunder were illegal, void and contrary to the provisions of law. The plaintiffs impeached the validity of the trust deed inter alia on the following grounds. (1) That the Dera Baba Bagga Singh being a public religious institution and its properties being religious property in the nature of trust property and that Baba Deva Singh being merely a trustee of this property could not create any further trust in respect thereof. That in any event, the trust-deed was void as the same was not executed by free-will and was vitiated by coercion, fraud and undue influence The transfer-deed Ex.3 dated 15-12-60 was impeached mainly on the grounds (1) that the properties transferred thereunder were public religious trust properties and were therefore inalienable, and (2) that Baba Deva Singh had no authority to alienate the public religious trust properties. The plaint further goes on to state that the defendants had taken over the possession of the properties of the said Dera illegally and were even dealing with them in contravention of the object of the trust. It has been stated that one Pratap Singh, defendant No.2, had illegally proclaimed himself to be the Sant Sat Guru of the said Dera. The plaintiffs, therefore, stated that the trust-deed and the transfer-deed being void could not confer any right on the defendants and their possession was merely that of a trespasser. On these allegations, the plaintiffs prayed for a deceleration for declaring the transfer-deed Ex.5, the trust-deed Ex.2 and the Memorandum of Association Ex.1 to be void. The plaintiffs also prayed for three more reliefs as a consequence of the said declaration; firstly, for the removal of defen

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