JUDGMENT

Rajeshwari Prasad, J. - This is a plaintiffs first appeal arising out of Suit No. 12 of 1951 of the court of Civil Judge, Hamirpur.

2. Sri Guman Behari, an idol installed in the Rainpur temple at Charkhari is the first plaintiff which sued through the Collector, Hamirpur, as the Manager of the temple. State of Uttar Pradesh is the second plaintiff.

3. Plaintiffs filed this suit against Raja Mahipal Singh, defendant-respondent described as ruler of Sarila, Pargana Rath, district Hamirpur, for the recovery of a sum of Rs. 35,310/-.

4. The facts of the case as disclosed by the plaintiffs are, that the first plaintiff is a deity installed in the temple known as Rainpur temple, and it was managed by trustees appointed by the ruler of the former Charkhari State. Charkhari State subsequently ceased to exist, by virtue of the provisions of the Provinces and Estates (Absorption of Enclaves) Order, 1950, and its territories were absolved in the State of Uttar Pradesh, which now is part of Hamirpur district. The Collector, Hamirpur was the person who managed the temple thereafter. It was alleged that the defendant borrowed, in his personal capacity and for his private purposes connect