If in the opinion of the said panches the manager and shebait for the, time being be found illeg and extravagant or there be any loss in respect of the income of the dedicated property or the dedicated property which is at present or be acquired in future, in that case they should discharge the manager shebait for the time being and appoint other deserving manager, shebait, who be deemed according to the companyditions mentioned above, in his place from among the members of the family of the executants.
The only power which the members of the family thereafter had was to be shebaits and managers of the temple.
Appeal from the Judgment and Decree dated the 3rd May, 1965 of the Patna High Court in Appeal from Original Decree No.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
1871 of 1967.
345 of 1960.
By the same deed five persons, who were absolute strangers to the family, were appointed panches to take the rendition of account of the income and expenditure from, the manager, shebait for the time being year after year on the death of the, executants.
K. Sinha and S. K. Sinha, for Respondent No.
The Judgment of the Court was delivered by ALAGIRISWAMI, J. The question for decision in this appeal is whether the temple of Shree Maharaja Ram Janki Lacchuman Maharaj in the village of Mauza Deogan in the State of Bihar is a religious trust within the, meaning of the term in section 2, clause 1 of the Bihar, Hindu Religious Trusts Act, or a private endowment.
Goburdhan, for the Appellant.
By that deed of dedication they companypletely divested themselves of any interest in the properties except that they and the members of their families were to be shebaits.
Two brothers, Ram Adhikari Choudhary and Ram Lochan Chou dhary, and Amir prasad Choudhary, son of their brother, for himself and as guardian of Ramakant Prasad Choudhary, who were all members of joint Hindu family executed on 17.6.1921 a samarpannama by which they dedicated certain properties to the above mentioned temple.
