( 1 ) THIS appeal is by the plaintiff No. 1. It arises out of a suit brought by her and one Sambhu Mukherjee for a declaration that premises No. 51/a and B. Lansdowne Road were Debuttar properties of the deities. Sree Durgajee and Sree Baraha Kaliiee and, they were the respective Shebaits.

( 2 ) THE plaintiff No. 1 is a granddaughter (daughter's daughter) of Kalidashi Devi who executed a Will, by which, she dedicated 51/b, Lansdowne Road, to the deity -- Sree Dursaiee, and appointed her only daughter Durgarani, the Shebait and after her death, her daughter, -- the plaintiff No. 1. The premises No. 51/a, Lansdowne Road was dedicated to the deity Sree Baraha Kalijee and Sambhu Nath Mukheriee, her grandson (son of the defendant No. 1) was appointed a Shebait. After the death of Kalidashi Devi, who died on the 24th of November, 1949, plaintiff No. 1 applied for letter of administration in respect of the will of the said Kalidashi. Three days thereafter, defendant No. 3 brought a partition suit being title suit No. 65 of 1950, in the 1st court of Subordinate Judge, Alipore. The plaintiff No. 1 applied to the learned Subordinate Judge for being added as a party