JUDGMENT

Niamatullah, J. - The suit out of which the present appeal has arisen was brought by the plaintiff-appellant Mahadeo Bharthi in the Court of the Subordinate Judge, Ghazipur for a declaration that the property specified in list A annexed to the plaint is his private property in absolute ownership, and in the alternative for a declaration that it is not held in trust created for public purposes of a charitable or religious nature governed by Act 14 of 1920. It was necessitated by an order, dated 31st August 1925, passed by the District Judge of Ghazipur u/s 5, Act 14 of 1920(Charitable and Religious Trusts Act) declaring the property in dispute to be held in trust of a charitable and religious nature existing for public purposes. Madho Rai alias Mool Bharthi and Sheo Prasad Pandey, the respondents to this appeal, were impleaded as defendants to the action, as the aforesaid order was obtained by them on their application for examination of accounts of the alleged trust property.

2. The defendants put forward two main defences, viz.: (1) that the suit is not maintainable in view of the order of the District Judge, dated the 31st August 1925, already referred to, and (2) that the