( 1 ) THIS is a defendant's first appeal arising out of a suit for declaration to the effect that the idol, Shri Radhakrishanji, installed in the temple, is the owner of the suit property, bearing Municipal No. 22/163, described in para 11 of the plaint.

( 2 ) THE plaintiff's case, as set out in the plaint, is that one Seth Chhatrapal constructed a temple near Naka Chandrabadni Road, Lashkar, and installed in it the idol of Shri Radhakrishanji in the year 1934. It is further alleged that for the maintenance and upkeep of the temple some residential apartments and shops were also constructed near it so that the expenses for the 'seva Pooja' of the idol may be defrayed from their income. It was stated that the temple is debuttar and the property in question is Debuttar property. The plaintiff further alleges, that Seth Chhatrapal had no issue and, therefore, he executed a will on 26-1-1944, whereby he bequeathed his property to Pooranchand, defendant no. 1, grandson of his brother Gappulal. By a subsequent will dated 3-8-1945, seth Chhatrapal appointed five trustees for management of the said temple, among whom were also Lallomal the next friend of the plaintiff, and