( 1 ) SHRI Ramchandraji Mandir, Banada, Tahsil Seoni-Malwa, District Hoshangabad, is a registered public trust under Section 4 of the Madhya Pradesh Public Trusts act, 1951. The entries recorded by the Registrar of Public Trusts indicate that motidas Bairagi, the third appellant, and Hariram, the respondent, were the trustees and that succession to the trusteeship was confined to the members of amraji Patel, the creator of the trust. The only immovable property attached to the trust was Khasra No. 182, area 4. 09 acres, of mouza Banada. The trust was registered under the M. P. Public Trusts Act on 14-5-1968 (See An-nexure A-2 ).

( 2 ) IT appears that Motidas was working as a manager-trustee and, as such, was in possession of the trust-property. He sold Khasra No. 182 to appellants dhanpalsingh and Ramadharsingh under a registered sale-deed dated 21-6-1968. The sale-deed appears to have been executed by Motidas Bairagi in his capacity as sarbarakar of Shri Ramchandraji Mandir. It also appears that the appellants purchased the property soon after the registration of the trust and with full knowledge that the property belonged to the trust.

( 3 ) HARIRAM, the respondent, on the allegation that Motidas had disposed of all the trust property and had neglected the worship of the idol filed an application before the Registrar of Public Trusts under Section 26 of the M. P. Pub-lie Trusts Act. On the direction of the Registrar, Hariram filed an application under Section 27 of the act before the District Judge on the same allegations for the relief that Motidas be removed from the trusteeship of the public trust, that Hariram be declared to be the sole trustee of the trust, and that Motidas and the transferees from him be directed to place Hariram in possession of the said property, namely, Khasra No. 182, belonging to the trust. In the proceedings under Section 27 of the Act apart from Motidas, the transferees, namely, appellants Dhanpalsingh and ramadharsingh were also added as parties.

( 4 ) THE appellants had denied that there was any trust and also feigned ignorance about the registration of the trust on 14-5-1968. Even the existence of the temple was denied. On these assertions it was further stated that there was no question of removing Motidas from the trusteeship and that the non-applicants (Motidas and the two appellants here) could not be directed to give possession of the land to Hariram or anyone else. It 4 Was claimed that the ancestors of Motidas had installed the deity for private worship and the income from Khasra No. 182 Was utilized towards the expenses of the worship. About 15 years ago Motidas had left the village Banada and had shifted to Kartana where he kept his family deity. The khasra No. 182 being private property of Motidas, it could be validly transferred to dhanpalsingh and Rama-dharsingh.

( 5 ) LEARNED District Judge, on the basis of the entries in the Register of Trusts (Ex a-2), came to the conclusion that Shri Ramachandraji Temple was a registered trust and that Khasra No. 182 was attached to the trust Apart from the entries in ex. A-1, the District Judee relied on the evidence of Hariram and his witnesses laxmi Narayan and Moojeeram who appeared to be respectable persons of the village. It was also held that Motidas failed to show clearly as to how the property in question belonged to his ancestors and how he had any authority to sell the property to Dhanpalsingh and Kamadharsingh. Having held that the trust was a registered trust and that the property in question belonged to the trust, the district Judge further came to tha conclusion that Motidas was liable to ba removed from the trusteeship, as he had transferred the trust property and had singh and Ramadharsingh were purchasers of the trust property with notice that it was a trust property. In this view of the matter, the District Judge directed the appellants Dhanpalsingh and Ramadhar-singh to hand over possession of the field in questio