(1.) WE are of the view that while rejecting the title of the first Respondent -plaintiff to the Mahan ship of the Sheorinarain Math and dismissing his suit for a declaration that he was entitled to succeed to the Manhantship of Sheorinarain Math as the grand chela of the deceased Mahant Lal Das, the High Court ought not to have adjudicated upon the title of the applicant -defendant No. 1 to the Mahantship of the Sheorinarain Math, because that was totally unnecessary for the purpose of disposing of the suit filed by the first Respondent -plaintiff. The decision of the High Court negativing the title claimed by the Appellant -defendant No. 1 to the Mahantship of Sheorinarain Math cannot therefore be regarded as having any binding effect and the finding of the High Court rejecting the title of the Appellant -defendant No. 1 must be set aside and this question must be left open of decision in an appropriate case where the title of the applicant -defendant No. 1 to the Manantship is disputed. There will be no order as to costs of the appeal.