R.D. Shukla, J. -- This appeal is directed against the judgment and decree dated 13-8-1984 of First Additional District Judge, Raipur, passed in Civil Appeal No. 30-A of 1976, whereby, while setting aside the decree of the trial court, the plaintiffs suit for declaration that Shri Kuleshwar Mahadeo Temple. Nawapara (Rajim) and its property vests in the plaintiff-committee (a Trust) has been decreed.

2. The brief history of the case is that the plaintiff-respondent is a public Trust and it filed a suit through its working Trustee Mehant Laxminarayan Das on 29-1-1975 with the assertion that the plaintiff is a Public Trust registered under the M.P. Public Trusts Act, 1956. That, the temple of Kuleshwar Mahadeo is situated in a place where the three rivers, i.e. Mahanadi, Sodhu and Padri, meet together. The temple and its properties are vested in the plaintiff-Committee, vide Judgment passed in First Appeal No. 73 of 1920, on 12-4-1921, by the Court of Judicial Commissioner of Central Provinces.

That, the defendants are the Pujaris of the said temple of Kuleshwar Mahadeo under orders and connivance of the Trust Committee. They were allowed to retain small share in the offering