AMITAV BANERJI, J.

( 1 ) THIS is a second appeal by the defendants.

( 2 ) PLAINTIFFs suit through Shri Janaki Prasad for removal of the defendants from Shebaitship of the idol-Behariji Maharaj-plaintiff No. 1 and for possession of the temple and the properties was dismissed by the trial Court. On appeal by the plaintiffs the judgment and decree of the trial court were set aside and the suit was decreed only for joint possession of the properties described in the plaint. The suit in respect of the other reliefs was dismissed. The defendants have come up in second appeal in this Court and the plaintiffs have filed a cross-objection.

( 3 ) THE relevant facts are as follows: The plaint case was that Lachhman the common ancestor of the parties had constructed the temple of Behariji Maharaj in village Daulatabad and dedicated the property which belonged to him to the temple. He also executed an Iqrarnama on 1st Jan. , 1865 indicating the scheme of the waqf and also the order of succession in regard to the office of the Shebaitship. According to the terms of the Iqrarnama Parshot-tam, who was the eldest son of kewal Ram became a Sarbarkar of the disputed temple until he died in the year 1

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