Kaul, J. - (1.) This was an appeal filed by the two plaintiffs, namely, Hon'ble Rajman Raja Dharam Karan Bahadur Asaf Jahi and Shri Thakur Radha Manoharji Maharaj Birajman. The first plaintiff died during the pendency of the appeal. His legal representatives were brought on the record and the appeal has been continued by them.
(2.) The facts giving rise to the suit which has resulted in the present appeal are as follows:
(3.) So far back as 1865, one Rani Mata Bibi, a rich lady belonging to Hyderabad, visited Mathura on a pilgrimage. While there, she purchased a house in Bindraban from one Gosain Bhajan Lal on 30-9-1865. Mata Bibi constructed a small temple in the said house and installed therein a deity known as Shri Thakur Radha Manoharji Maharaj. On 25-2-1869, Rani Mata Bibi executed a deed of gift relating to the house, the temple therein, and the idol installed in the said temple in favour of her brother's son Raja Inderjit. He was constituted the owner of the property and directed to arrange for the Sewa Puja and Raj Bhog of the deity. On his death, Raja Inderjit was succeeded by his son, Baja Sheo Baj Bahadur. The last man died without leaving, any issue and was succeeded by his nephew Raja Dharam Karan, who was plaintiff 1 in the trial Court.;