From the Judgment and Decree dated 12 12 1961 of the Patna High Court in Appeal from Original Decree No.
After his death he was succeeded by his son Gulab Singh who became a bairagi assuming the name of Gulab Das.
Each succeeding Mahant was succeeded by his Chela, the present Mahant being the plaintiff appellant.
The temple and the properties were the private properties of the Mahant and the public did number have any interest or right in them.
Apart from the properties left by Gurdyal Singh, Gulab Das also acquired other properties.
He used to perform puja and raj bhog till his death.
Properties were acquired by the respective Mahants in their own individual names and were always treated as their personal properties.
The public had numberconcern with the idols.
The suit was companytested by the Bihar State Board of Religious Trusts and others who pleaded that the temples and the properties were number the private properties of the Mahant and that they belonged to a Hindu Religious Trusts to which the provisions of the Bihar Religious Trusts Act were applicable.
The suit was dismissed by the Additional Sub Judge of Muzaffarpur and the decree of the Trial Court was companyfirmed by the High Court of Patna.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
P. Singh for Respondent No.
His case, as set out in the plaint, was that one Gurdyal Singh companystructed a temple on his own land in the village of Dumri and installed the deities of Ramji, Lakshmanji and Sitaji in the temple.
On his death he was succeeded by his Chela Brahmdas who 1127 in turn was succeeded by his Chela Dwarika Das.
2582 of 1969.
50/57.
The plaintiff appellant filed the suit out of which the appeal arises for a declaration that the properties were his personal properties and that there was numbertrust of a religious or public nature so as to attract the provisions of the Bihar Act I of 1951.
P. Singh for the Appellant.
Gobardhan for Respondents 1 2.
The Judgment of the Court was delivered by CHINNAPPA REDDY, J. The only question for companysideration in this appeal is whether the plaint schedule properties are properties in respect of which there is a trust of a public or religious nature so as to attract the provisions of Bihar Hindu Religious Trusts Act Act I of 1951 .
