( 1 ) THE plaintiff-respondents (hereinafter referred to as the respondents) are Hindus and they applied to the Advocate General, Uttar Pradesh, for permission to institute a suit under Section 92, C. P. C. , against the defendant-appellant (hereinafter referred to as the appellant ). The advocate General by his order dated February 25, 1971, granted the permission. The Advocate general in his order observed as follows:-

"this is an application for permission to file a suit under Section 92 C. P. C. It appears that a hindu temple was constructed about a hundred years back on nazul land and, thereafter, from time to time, several members of the public have donated properties for this temple and other buildings, like Dharamshala etc. have also been constructed with such donations which are, at present, appurtenant to the temple. All these properties are being managed by the proposed defendants. "

Thereafter the Advocate General referred to the presumption in regard to Hindu temples and held that the presumption is that they are public temples unless the contrary is shown. The advocate General noticed that the Collectors report was also to the effect that there was a public temple and t

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