1. The State of Gujarat has filed this appeal under the following circumstances.

2. There is a temple situate in Hanuman Pole in Wadi area of Baroda City. One Atrnaramdasji was the Mahant of that temple until he died on 4th October, 1947. He belonged to Ramanandi sect. He was a Nisangi (bachelor). According to the plaintiff, he has been the disciple or Shishya of the late Atmaramdasji who initiated him as a Shishya on 19th December, 1946. According to him, though he was initiated as a Shishya on 19th December, 1946 he was declared as a Shishya by Atmaramdasji on 23rd April, 1947, in the presence of Sadhus, Mahants and other disciples of the sect. He also underwent all ceremonies which were required for becoming a Shishya. He had performed the obsequial ceremonies of Atmaramdasji upon the latter's death and had lit the funeral pyre of the deceased. He, therefore, in his capacity as the Shishya of Atmaramdasji claims to be his lawful heir.

3. On 9th October, 1947 one Sevadas Keshavdas and Maganlal Jagannath made an application to