This is an appeal from a judgment and decree of the High Court of Judicature at Bombay, dated 31st August, 1939, affirming a judgment and decree of the District Judge, Dharwar, dated 5th August, 1937.

The appeal arises out of a suit filed by the respondent and three others under Section 92 of the Code of Civil Procedure for a declaration that a certain institution known as Shri Sidha Arudha Swami Math was a public trust of a religious or charitable nature, for the framing of a scheme in connection with the institution, and for the removal of the appellant from his position as the head of the institution on the ground that he is unfit to occupy that position, and for consequential relief. The Shri Sidha Arudha Swami Math would be more accurately described as a Temple than as a Math, but it has been referred to as a Math throughout the proceedings, and will in this judgment be called “the Math.”

The facts relating to the foundation of the Math and the acquisition of the properties belonging thereto are not in dispute. The appellant at Exhibit 194. accepted as correct the statements contained in the first fourteen paragraphs of the deposition of the fourth plaintiff