- (1.) The Bihar State Board of Religious Trusts, through the special Officer, has preferred an appeal to this Court against the judgment of the lower appellate court dated 21st April, 1971.
(2.) The plaintiff-respondent filed the suit for a declaration that the temple of Shri Pita Maheshwar Jee and the properties attached to the temple be declared as private trust of the plaintiff. The plaintiff also prayed that the provisions of the Bihar Hindu Religious Trusts Act, 1950 (hereinafter referred to as the Act), do not apply to the present case.
(3.) The defendant, Bihar State Board of Religious Trusts (hereinafter referred to as the Board) resisted the claim of the plaintiff on the ground that the temple in question is a public temple.;