( 1 ) THIS Letters Patent Appeal arises out of the Title Suit No. 101 of 1967 of the Court of the learned Munsif at Krishnagore filed by the appellants for a declaration that the premises No. 6 Bansidhar Lane, Calcutta and a property at Nabadwip are de-butter properties of the plaintiff deities and for permanent injunction restraining the respondent No. 1 from interfering with their possession of the said Calcutta property and from exercising any act of possession including the realisation of rents of the said property.

( 2 ) THESE are the main averments made in the plaint. Chintaharan Kundu and his two brothers were members of an undivided joint Hindu family and out of their joint family funds they purchased the aforesaid Calcutta property in the name of Chintaharan and the said Nabadwip property in the name of Krishnakamini Devi, the wife of Chintaharan. They divided all their properties by a Deed of Partition dated January 12, 1922 and these two properties were allotted to Chintaharan who dedicated them to the appellant deities by a Deed of Arpannama dated 12-1-1922. Chintaharan and Krishna Kamini died respectively in the years 1923 and 1940 and before their death they