Hon’ble Ashwani Kumar Mishra, J.—Defendants appellants have filed present appeal under Section 96 of the Code of Civil Procedure challenging the judgment and decree passed by the District Judge, Banda, dated 4th October, 1976, in Original Suit No. 12 of 1967. The decree, under challenge, provides as under :

“The suit of the plaintiffs is, therefore, decreed and the following scheme for the management of the temple is drawn up. The plaintiffs are appointed ad hoc trustees to act as such and manage the properties of the temple and to look to the worship of the temple till properly selected committee consisting of five members known as President, Secretary, Treasurer and two as members is constituted under the scheme to look after the management of the temple. This committee of five persons will be regarded as the sole trustees appointed under the deed and will have full powers to carry out the worship and Puja of the deity according to the tenants of the donor. The committee will maintain and prepare a list of voters in accordance with the electoral roll for U.P. Assembly. All persons entered in the Electoral Roll for the time being who are shown as Hindus will have a right of vote in the General Meeting. In particular full respect will be given to the wishes of the donor and the faith to which she belonged the committee will be elected by adult franchise of the Hindus residing in the ward of the city of Banda in which the temple in question is situated each adult male and female Hindu will have a right of vote and five persons elected by the general Hindu public will act as given above to realise income of the properties attached to the temple and to look after the worship of the deity. This committee will be elected for one year. Annual meeting to be held in the temple on every Janmashtami day will elect the office bearers for the next year. Any office bearer will have a right to seek re-election and will be liable to be unseated for his acts or omission by a simple majority of total voters on the list and at least 2/3rd majority of the persons present and voting in the meeting. The ad hoc committee consisting of the plaintiffs will have a right to take possession from the defendants and the defendants 1 to 6 will be liable to render accounts of the temple’s properties from the year 1962 as prayed. Costs of the suit will be borne by the parties.”

2. Plaintiffs respondents instituted Original Suit No. 12 of 1967 under Section 92 of the Code of Civil Procedure, with the permission of the Advocate General, contending that there exists a temple situated in Mohalla Sadar Naka, District Banda, wherein is installed an Idol of Shri Thakur Radha Krishna Ji, and is popularly known as ‘Sonaron Ka Mandir’. Maker of this temple was one Smt. Sudharia widow of Lachhman Sunar. It was alleged that the temple and property dedicated to it are religious and charitable in nature, and that temple is a public temple in which Hindus of all castes have a right of worship, and that Puja is performed by Hindus of all castes, particularly members of Sunar Community. Smt. Sudharia dedicated property mentioned in item No. 1 of Schedule ‘A’ to the plaint by way of registered gift deed dated 9.11.1899 to Shri Thakur Radha Krishna Ji. This gift deed is on record as Exhibit-9. As per the deed dated 9.11.1899, property in the shape of a shop with two rooms, situated at Sadar, District Banda belongs to Smt. Sudharia, and that she is its owner in possession. It records that on the first floor of the shop, a temple of Shri Thakur Radha Krishna Ji has been constructed, and that as the donor is an aged lady, and none of her nephews or daughters’ son are with her, as such the property is being gifted to Thakur Ji Maharaj. It was provided that so long as donor is alive, she would look after the temple and its property, whereafter one Ram Bharose son of Parmanand, who was the tenant in the dedicated shop will manage the affairs of the temple, and would be assis