( 1 ) THIS appeal is by the plaintiff No. 1. It is 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 Debutar properties of the deities. Sree Durgajee and Sree Baraha Kalijee 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 decided 51/b, Lansdowne Road, to the deity - Sree Durgajee 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 Mukherjee, 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 her Will of the said Kalidashi. Three days thereafter, defendant No. 3 brought 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 in th