JUDGMENT

S.C. AGRAWAL, J.:—We have heard learned counsel for the parties. We hereby grant special leave in SLP (Civil) No. 12981 of 1987 which is directed against the judgment of the Rajasthan High Court dated July 23, 1987 in S.B. Civil Second Appeal No. 123 of 1979, and proceed to dispose of the appeal.

2. This appeal arises out of a suit filed by the appellants wherein they had challenged the sale of a shop by Ganesh Dutt, respondent No. 1, in favour of respondents Nos. 2 and 3 under sale deed dated October 14, 1968. The suit was brought by the appellants in a representative capacity as worshippers at the temple of Shri Radha Govindji situate at Bharatpur. The appellants have claimed that the said temple is a public temple and that respondent No. 1 was manager of the said temple. It was claimed that the shop in question, which belonged to Laxmi Narain, had been dedicated to the deity by his widow, Shrimati Bhagwati Devi, and that its income was in fact used for the expenses of Bhograg of the deity and that respondent No. 1 had no right to sell the same and the said deed dated October 14, 1968 executed by him in favour of the respondents Nos. 2 and 3 was null and void. The said su