( 1 ) THIS appeal is directed against a judgment and decree dated November 29, 1971. The decree was passed in a suit instituted by the first respondent Kali Kinkor Ganguli in this Court for a declaration that he was the sole owner of premises No. 244, Bowbazar Street, Calcutta and was the sole shebait of Firingi Kali and the other deities installed in the premises. There is an alternative prayer in the plaint for a declaration that the first respondent is entitled to an undivided half share in premises No. 244, Bowbazar Street, and to half the pala in the sheba of the Firinhi Kali and the other deities installed there.

( 2 ) IT is not disputed that this temple is the abode of the deity popularly known as Firinsi Kali and several other deities. It is necessary to trace the historical background to the dispute. One Ramkanta Pal constructed a Shiva temple, and installed the deity Shiva, on a piece of land measuring 11 Chittacks and 11 gandas at 244, Bowbazar Street, Calcutta, which stood in the name of his father Beni Madhab Pal in the records of the Calcutta Collectorate. Ramkanta became the shebait of Shiva. Thereafter in or about 1820, Kali Prasad Pal and Gouri Pr