Judgment

S. K. DAS, J. : This is a writ petition under Art. 32 of the Constitution in respect of a dharmasala, an adjoining temple and some appurtenant shops, standing on a piece of land near the railway station at Barnala, district Sangrur, in the State of Punjab. The petitioners are sons, grand-sons and daughter of one Lala Ramji Das, and widow of one Tara Chand, a predeceased son of Lala Ramji Das.

2. The case of the petitioners in short is that Lala Ramji Das, who died in 1957, had built the dharmasala, temple and shops out of the funds of the joint family consisting of himself and the petitioners near about the year 1909 and during his life time managed the dharmasala, temple and shops on behalf of the joint family. The dharmasala was built for the benefit of the travelling public and was used as a rest-house by travellers; three deities were installed in the temple and members of the public offered worship therein, though there was no formal dedication; and the shops were let out on rent for the upkeep of the dharmasala and temple. They allege that after the death of Ramji Das they came into possession of the properties in question but in January, 1958, the respondents, namely,