JUDGMENT

Rachhpal Singh, J. - This is a defendants' appeal arising out of a suit for possession. The facts which have given rise to the litigation between the parties can be stated as follows: Lala Bitthal Das owned extensive properties including village Lalpur in Muttra District. On 23rd October 1914, he executed a will, under which he dedicated 20 Biswa-Zamindari in village Lalpur to an idol known as 'Sri Thakur Bare Madan Mohan Lalji Maharaj' situate in Bengali Ghat, Muttra. The plaintiffs in the case are Sri Thakur Bare Madan Mohan Lalji Maharaj and its Mutwalli and Manager Goswami Sri Bitthal Nath. The case set up by the plaintiffs was that an absolute gift of the village mentioned above was made in favour of the idol, plaintiff 1, by Lala Bitthal Das and that according to the terms of the will, plaintiff 2, the Mutwalli of plaintiff 1, was entitled to remain in possession of the endowed property. The plaintiffs' complaint was that after the death of Lala Bitthal Das, the defendants in the suit had taken wrongful possession of the aforesaid village and therefore the plaintiffs instituted a suit for possession of the same. The defence of the principal contesting defendant Lala Chiranji Lal was that he and some other persons had been appointed trustees under the aforesaid will and were entitled to take possession over the property in suit as trustees after the death of the donor.

2. The learned Subordinate Judge who tried the suit came to the conclusion that plaintiff 1, under the management of plaintiff 2, its Mutwalli, was entitled to the possession of the property in suit under the terms of the will of Lala Bitthal Das. The suit for possession was accordingly decreed. The principal defendant Lala Ghiranji Lal has come up to this Court in appeal against the decision of the learned Subordinate Judge. We may point out that the claim as regards the mesne profits and damages was given up by the plaintiff for the purposes of the present suit. The decision of the point in issue between the parties depends on the interpretation of the will of Lala Bitthal Das, which is printed at pp. 17 to 21 of the paper book. It is, therefore, necessary to set forth here briefly the terms of that will. In the first portion of the will, Lala Bitthal Das recites that his paternal cousin Parsotam Das had, in his lifetime, an intention of executing a will in respect of his one-third share in favour of his Isht-Deva Sri Thakur Bare Madan Mohanji Maharaj, installed in a temple in Bengali Ghat in the city of Muttra, the Mohatamim of which was Goswami Sri Gopal Lalji Maharaj, son of Goswami Kal-yan Raiji Maharaj, but he breathed hit last before he could express his intention in black and white. He goes on to recite.

3. The idea sprang up into my mind that Lala Parsotam Das could not fulfil his hearty desire and died. It was incumbent on me to fulfil his desire after his death; but I have not done so up to this time; moreover I too am thinking of executing a will in respect of the entire 20 biswas mauza Lalpur aforesaid, which is at present exclusively owned by me, in favour of Sri Thakur Bare Madan Mohanji Maharaj aforesaid who was the Isht-Deva of Parsotam and is also my Isbt-Deva in order that the desire of Lala Parsotam Das and mine may be fulfilled and the soul of Parsotam Das may attain rest.

4. Further on Lala Bitthal Das states in his will

I...have...executed this will in favour of Sri Thakur Madan Mohanji Maharaj, Mohatamim and Gaddi-Nashin of which was Goswami Sri Gopal Lalji Maharaj aforesaid, in order that it may be given effect to after my death.

5. Para 2 of the will runs as follows:

After my death, Sri Thakur Bare Madan Mohan Lalji Maharaj, whose Mohtamim and Mutwalli is at present Goswami Sri Gopalji Maharaj, shall be the owner of, i.e., shall be benefited by the income from the entire 20 biswa mauza Lalpur, pargana Muttra, together with the grove, houses, Garhi, stable, etc., i.e., all the inherent and adventitious rights and interests and bu