Prakash Krishna, J.—

The present appeal has been filed under section 96 of CPC by the plaintiffs of O.S. No.1 of 1988. The said suit was filed under section 92 CPC for removal of defendant no.1 Hublal from the post of de facto trustee of the property in dispute. The suit was instituted on the pleas inter alia that in a plot no. 2794 situate in Kasganj town (Etah) there is one temple known as 'Thakurji Gopalji Maharaj Cheepian' along with an Ahata, eight houses and thirty five shops. Gopalji Maharaj is the owner of the properties and the temple is popularly known as temple of Cheepian in Mohalla Mohan, Kasganj, District Etah. It was pleaded that the said temple is public and religious endowment. It was constructed by one Laxmandas Cheepi who had installed deity of Thakurji Maharaj. Sri Laxmandas endowed his entire property to the aforesaid temple which has been in existence for the last more than 140 years. Sri Laxman Das used to manage the affairs of the temple and its property and had been investing the income of the temple in Sewa, Pooja and Bhog etc. The temple was for public use and every Hindu has a right to worship therein. It is a public temple. Madhav Das, the adopted son of

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