Judgment

SARKARIA, J.:- The plaintiffs-respondents 1 to 3 instituted a suit in the Court of District Judge, Jhansi, under Section 92 of the Code of Civil Procedure, against Avadh Kishore Dass, defendant-appellant herein, inter alia, on the ground that there was a public religious endowment of considerable area of land in Village Bahawalpura, District Jalaun (U. P.) in favour of the Temple of Shri Thakur Ram Jankiji Maharaj also known as Shri Thakurji Maharaj.

2. The founder of the endowment or trust was one Swami Sewa Das, who was a hermit of a very high order belonging to Rihang Vaishnava Sampraday. He had a large number of followers. His hermitage was in village Bahawalpura, Pargana Konch. District Jalaun. Sometime in the 14th century King Mohamad Shah was passing by that way. He was impressed by the learning of Swami Sewa Das as well as his austerity and personality. The King made a gift of 836 bighas of land as padaragh in the aforesaid village in favour of Swami Sewa Das, in trust for the specific purpose of constructing and maintaining the Temple of Shri Thakurji Maharaj and for due celebrations or Raj Bhog, Puja, Arti, Utsav etc. of the said Thakurji Maharaj. Swami Sewa Das ac