Judgment

BOSE J. : These are an appeal and a cross appeal against a judgment and decree of the Patna High Court in a suit for possession and mesne profits.

2. The property in dispute belonged to one Naubat Lal Jha. He died in 1878 leaving a mother Mst. Sahajwati and two widows Mst. Nunuwati and Mst. Chhemawati. The mother died in 1909 and Mst. Nunuwati in 1911. The surviving widow died on 5-6-1940. The second party plaintiffs claim to be the next reversioners and sue for possession along with the other plaintiffs who are purchasers of a 10 annas share.

3. The defence is of a two-fold character. The first is an attack on the plaintiff s claim to be the next reversioners. That affects all the property in suit. The second is limited to the properties in Schedule III of the plaint.

4. The family possessed certain deities. On 5-11-1915 Mst. Chhemawati dedicated the Schedule III properties to these deities and they have been in possession through their shebaits ever since. The defendants claim that they are entitled to these properties in any event. The deities are the defendants first party and the fourth defendant is their shebait. He has been described as the defendant second party. We ar