( 1 ) THIS appeal has been preferred against the judgment and decree dated 11-10-1995 passed by First Additional Judge to the Court of District Judge, Bhind.

( 2 ) FACTS leading to the appeal in short are :that one Ashok Kumar, the original-plaintiff. , filed the suit against Mst. Harbo Bai for cancellation of the order passed on 14-7-1969 by the Registrar and for declaration to the effect that the property in suit is a public trust and the Registrar be directed to register it as a Public Trust. He claimed that there was a house No. 13 in Municipal Halka No. 3, Parade Bazar, Shriganj, Bhind, detailed in para 1 of the plaint. This house belonged to Chhabiram S/o. Chokhe Lal Jain, who died on 10-6-1917 and his heirs Prem Chand and others are still alive. He however gave this property for the construction of Dharmshala to one Ayodhya Prasad S/o. Pyare Lal Jain, R/o. Bhind, Mohalla Shriganj. Hence Ayodhya Prasad went in possession. On 15-12-1949, Ayodhya Prasad executed a document and expressed his desire that he would construct a Dharmshala for the travellars. In that document, he also expressed his desire to construct a Dharmshala during his life time and after his dea