heir of Bageshwar Kuer and the Mutwali, Ramdhani Tiwari be removed from Mutwaliship. Admittedly, during the pendency of this appeal, the appellant no.1, Ramdhani Tiwari has died. The suit was filed for removal of Ramdhani Tiwari from Mutwaliship. Therefore, on the death of Ramdhani Tiwari, the appellant no.1, his son has no right to be appointed as Mutwali and, therefore, for the purpose of this suit, he has no locus standi to challenge the decree. So far appellant no.2 is concerned, he was not a Mutwali nor a Committee member. On the death of Ambika Tiwari, original Mutwali appointed by Bageshwar Kuer, he was substituted. The learned counsel further submitted that the Lower Appellate Court has rightly held that the trust is not public trust and the defendants were mismanaging the trust. These findings are findings of fact. Further, the Lower Appellate Court has rightly held that the original plaintiff succeeded to the trust in view of the old Hindu Law. According to the learned counsel, since it is only a private trust, there is no question of application of Bihar Hindu Religious Trust Act arises. The endowment deed itself will speak that it is private trust and moreover, this question that the trust is a public trust was never raised by the defendants in the court below either in the pleading or in the evidence, therefore, it being a question of fact cannot be allowed to be raised for the first time before the High Court at the time of hearing of Second
