( 1 ) THIS is a revision under Section 115, C. P. C. against the judgment and order dated 9. 7. 1998 passed by District Judge, Mirzapur in Misc. Case No. 8 of 1998 by which he granted permission to sell certain properties of the trust to the respondent.

( 2 ) THE trust was made by late Jamuna Das regarding his properties. He constructed a temple of dwarika Nathji also known as Dwarikadhish Ji in district Mirzapur, a dharmshala in Brindaban and other properties at Kanpur and Calcutta. The trust was created regarding all the above properties by registered Will dated 3. 2. 1914. According to the terms of the Will, Jamuna Das was to remain as trustee throughout his life, and thereafter, his only son Seth Rameshwar Das bajaj became trustee. Seth Rameshwar Das Bajaj also died on 12. 3. 1937. Thereafter, his son. Dwarika Prasad Bajaj, the father of the parties became the trustee. Both parties are sons of dwarika Prasad Bajaj. The respondent claimed that there was registered Will of Dwarika Prasad bajaj dated 22. 10. 1994 by which he was appointed managing trustee of the trust. He showed the need to sell certain properties of the trust and moved an application under Section