JUDGMENT

SARKARIA, J: —The appeal by certificate under Art 133 (1) (b) of the Constitution, is directed against a decree, dated March 4, 1966 of the High Court of Judicature at Calcutta, passed in Second Appeal No. 626 of 1959.

2. It arises out of these facts: -

One Indra Narayan Biswas owned considerable property. On April 9, 1904 he executed a deed called "Declaration of Trust Deed", dedicating 26 items of his immovable property, mostly houses and buildings situated in Calcutta and other places, to the family deity Sree Sree Iswar Lakshmi Janardan Jiew, which is installed and located at Barhatta, Police Station Ranghat, District Nadia, which was the ancesttral home of the founder.

3. Since a good deal of argument before us centered on a construction of this Trust Deed, it will be appropriate to extract here its material terms:-

"1. All that properties in Schedule is vested in to the Debottar and Trust Property completely and permanently from today.

2. That from the income of the above mentioned property according to the account and estimate mentioned in Schedule (Kha) the expenditure of Durga puja, Kali puja and Saraswati puja will be made permanently and these properties are hereby e