JUDGMENT

1. The suit out of which this appeal arises relates to certain disputes between Ballavacharya Goshains. A case relating to the customs of this sect lately came before their Lordships of the Privy Council in the case of Mohan Lalji v. Gordhan Lalji Maharaj 19 Ind. Cas. 337 : 35 A. 283 : 17 C.W.N. 741 : 11 A.L.J. 648 : 17 C.L.J. 612 : 15 Bom. L.R. 606 : (1913) M.W.N. 536 : 14 M.L.T. 27 : 40 I.A. 97. The principal defendant in the present suit was the respondent in that case their Lordships in referring to the history of the sect made the following observations:

The Ballvacharya cult, in reality an offshoot of Vaishnavism, was founded in the sixteenth century of the Christian era by one Ballavacharya, who is usually designated among his followers and disciples as Maha Pirbhuji. He and his descendants, who constitute the Ballavacharya Goshain Kul, are held in great veneration by the members of the sect and regarded as the incarnation of the famous and favourite Hindu deity, Krishna, whom in common with other Vaishnavs (Vishnuvites) they worship. The cult established by Ballavacharya differed in several particulars from the practices in vogue among other votaries of Krishna, the principal point of difference consisting in the fact that he repudiated the practice of celibacy and asceticism practised by the other gossains.

The Ballavacharya Goshains, in other words, the descendants of Ballav, possess several principal temples, each of which is presided over by a member of his kul or family, who is styled a tikait.

The defendent Gordhan Lalji is in possession of one of the most important of these temples, if not the most important, which is situated at Nathdwara in the Odeypore State.

2. The sect possesses a number of temples in different parts in India; including a considerable amount of Immovable property. Large offerings are made from time to time by the votaries of the sect. In the present case it would seem that there are or were offerings coming even from Zanzibar.

3. The immediate cause of the present suit was a deed of gift, dated the 2nd of April 1910. The document is in the form of an indenture and is made between Goswami Shri Girdhari Lalji Maharaj (the first defendant) of the one part and "Goswami Tikayet Sri 108 Sri Goverdhan Lalji Girdharji Maharaj of Sri Nathdwara" of the other part. This document, after reciting the title of the grantor to "one-fourth part or share in all the hereditaments and premises in the schedule hereto more particularly described" and mentioned, granted, conveyed and assured in absolute gift to the grantee and his successors in office to the gaddi of Sri Nathji all that one fourth undivided equal share and interest of the grantor in all these pieces or parcels of lands et cetera more particularly described in Schedule A thereunder written, to hold the said lands, hereditaments and premises and all and singular the other premises thereby granted and assured, or intended so to be, with their and every, of their members and appurtenances into the use of the grantee and his successor to the gaddi of Sri Nathji to the only proper use and benefit of the grantee and his successors in office for ever. The first item in the schedule is "one temple building of Shri Naunit Priyaji Maharaj alias Raja Thakur, with all the images including Shri Raja Thakur installed therein." the second item is one temple building of Shri Dauji Maharaj." The third and fourth items; are baithaks. The fifth item is "the zamindari and muafi rights of the whole village of Gokul consisting of two mahals, that is, old and new Gokul and all the abadi rights to tanks, grounds, habitation, ghats, the river, et cetera, and all sorts of income from Mandi Bazar Tolai Sewai, and all other rights whatsoever relating to the Sri Raja Thakur". There are two items of property in all in the schedule the twentieth and last item being images in the temple of Shri Naunit Priyaji Maharaj.

4. The present suit has been instituted for the purpose of