H.Mahapatra, J.

1. This appeal is directed against the order of the second additional Court of the Subordinate Judge, Muzaffarpur, in Title Suit No. 33/1 of 1956/1960 by which he recorded a compromise.

2. Sakhichand Sahu, the common ancestor ot the parties had five sons, Jagarnath, Raghunandan. Ramkhal, Dwarka and Badri Narain. Of them, Jagarnath and Dwarka are dead leaving no issue. Sakhichand Sahu had acquired large properties during his life and he executed a deed of endowment on the 3rd of April, 1900 in respect of some properties in favour of the deities Sri Ram Lachhuman Jankiji, Sri Radha Krishnaji and Shiva Girjaji and others. In that deed he stipulated that during his lifetime he would act as manager and Shebait and after him his eldest son Jagarnath Prasad Sahu would be the Shebait and work in consultation with his fourth son Dwarka Prasad Sahu. He further provided that Jagarnath will be competent to authorise anyone of Dwarka Prasad and Badri Narain to be Shebait after him and that Shebait would nominate his succeeding Shebait in consultation with the members of the family of Sakhichand. Badri Narain became the Shebait after Jagarnath. According to the plaintiffs