MAHENDRA BHUSHAN, J — This is a Civil Second appeal by the plaintiff in an eviction suit, which was decreed by the learned trial court, but the first appeal of the defendant respondents, legal representatives of the original tenant Lalita Prasad was allowed and the suit was dismissed.

2. The suit property, which is described in para 8 of the plaint and is part of house bearing Municipal No. 762, described in para 3 of the plaint, is situated in Rasta Dariba-Pan, Chowkri Ramchandraji. One Kishanlal Pandya son of Ganeshlal Pandya was the owner of the house described in para 3 of the plaint. Under a registered will dated i 1.9.42, the said Kishanlal Pandya beque-sthed the entire rental income of the house for the worship of Mandir Shri Vijay Ramji Pandya situated at Jaipur (hereinafter referred to as the Mandir), and directed his adopted son Prabhulal to recover the income and to spend it over the worship of the aforesaid Mandir and one temple situated at Govind- garh. It was also directed under the Will (Ex.13) that the rental income from the house was also to be utilised in doing necessary maintenance of the house. The appellant Panchayat Shri Digambar Jain Mandir Parshwanathji (soni

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