1. This appeal has been preferred by the State Government from the judgment and decree of the Additional District Judge, Morena, declaring the respondent entitled to the management of a temple of Kali Mata situate in Basaiya popularly known as Basaiya Mata temple.

2. It was alleged in the plaint that the temple was consecrated in Samvat year 1905 (1849 A.D) by one Mahant Rajpuri On the death of the founder, his Chela, Mahant Kundanpuri succeeded him. Kundanpuri died in the year 1919 and was succeeded by his Chela Tejpuri (plaintiff). After Kundanpuri's death disputes arose between the Mahant and the Fujaris who started claiming a share of annas six per rupee in the properties and the offerings Because of the harassment and dispute which went on for many yean (from 1920 to 1930), Mahant Tejpuri made an application on July 1, 1930, to the erstwhile Gwalior Government to take over the administration of the temple as in the case of Nagradevta temple. By an order dated December 1, 1932, of the Council of Regency Gwalior State the administration of the temple was temporarily taken over and a managing committee was appointed by the Government. Since then the temple is under St