P. L. BHARGAVA, J. :- This appeal arises out of a suit instituted by Sri Jagannathji, installed in a temple situate in Jagannathji ki gali in old Generalganj in the city of Kanpur, and Raghunath Das (the plaintiffs-respondents) against Sri Kishen (the defendant-appellant) to obtain the following reliefs : (1) by enforcement of the right of management which vests in Raghunath Das (plaintiff 2), Sri Kishen (defendant) be removed from the management of property specified in the plaint, which has been made waqf of, and Raghunath Das be awarded possession over the said property as its "mutwalli" and manager; and (2) an order may be made requiring the defendant to render accounts of the income from the waqf property upto the date of possession by Raghunath Das and a decree for the amount already realised, be passed in favour of Raghunath Das as against the defendant.

2. The temple was admittedly constructed by one Brij Lal, whose relationship with the contending parties will appear from the following genealogical table, which is not disputed :

3. Having constructed the temple, Brij Lal installed and consecrated therein the idol of Sri Jagannathji. He himself managed the temple and