( 1 ) THIS is an appeal by the defendant against a judgment and decree of reversal decreeing the suit. The suit was instituted by Smt. Priyamoni Dasi for the deity Iswar Madan Mohan Jew Thakur for possession in her shebaiti right of the suit lands on removal of the defendant from the office of the shebait of the deity. The plaint case in that deity was the family deity of the plaintiff since the time of her ancestor. The properties in suit were gifted over by the owner Satrughana, an ancestor of the plaintiff, to her husband, by a deed of gift dated Agrahayana 25, 1298 B. S. for meeting the expenses of sebapuja of the deity and thereupon he was put in possession of the properties. The plaintiff's husband died leaving the plaintiff as his only heir and legal representative and she came in possession of the properties. Thereafter she had been carrying on the sebapuja of the deity out of the usufructs of the said properties as shebati of the deity. By a deed of gift dated March 9, 1921 (Ext. 4), a co-sharer of the plaintiff made a gift of some other properties to the plaintiff as such shebait for the performance of the sebapuja of the deity out of the income of such properties. By a t

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