B.C. Varma, J.

1. This appeal is by the plaintiffs.

2. Ganpat Rao, maternal grand-father of Madhav Ramchandra Agashe, constructed a row of houses called Bada. He also constructed a temple and installed therein an idol of Shri Ganeshji Maharaj sometime before the year 1900. Ganpat Rao's widow was Saraswatibai. After the death of Ganpat Rao, she sold the entire property to defendant No. 2 respondent No. 2, Firm Nandram Narayandas, vide sale-deed dated 10-4-1933 (Ex. D/6). Later, respondent No. 2, vide sale-deed dated 7-2-1957, sold all that property to defendant No. 1 respondent No. 1. Saraswatibai died in the year 1948 without leaving any son. Plaintiff Madhav Ramchandra is the daughter's son of Saraswati Bai and Ganpatrao. Ramchandra had taken proceedings before the Aukauf Department of the then Gwalior State laying claim to this property as a public trust His claim was rejected by Aukauf Department, vide order Ex. D/1.

3. The three appellants before this Court were the plaintiffs. Since at the time of hearing of this appeal, Shri P.W. Sahasrabuddhe, learned counsel for the appellants stated before me that he does not claim the temple of Shri Ganeshji Maharaj to be a public tr