P.K. MISRA, J.

Plaintiffs are the appellants.

2. Plaintiffs had filed an application under Section 63(a) of the Hindu Religious and Charitable Endowment Act, 1959 (hereinafter referred to as “the Act”) that the plaintiff institution - Krishna Vilas Bajanai Madam is not a temple or a mutt or a religious institution or a specific endowment as defined under the Act. Initially the Deputy Commissioner held that it was a religious institution within the meaning of the Act. In appeal, the matter was remanded. At that stage, considering the various materials on record, including the report of the Inspector, the Deputy Commissioner held that the institution does not come within the purview of the Act. However, in appeal, the Commissioner held that the institution was a ‘religious institution’ within the meaning of the Act. Thereafter a statutory suit was instituted.

3. The basic allegations are to the effect that forefathers of the plaintiff who were devotees of Lord Krishna established a private Trust for the purpose of doing bajanais and for doing poojas for some days. Certain properties were in the name of the Trust and other properties were purchased in the name of the private pers