( 1 ) THE facts leading to this suit are as follows : One Rustomji Cawasji prior to 1842 built an Agyaree, fire temple, for the place of worship of the Parsees in Calcutta. The said temple stood on a large area of land where Rustomji Cawasji had built houses or rooms.

( 2 ) ON December 19, 1842, Rustomji Cawsasji conveyed the property known as Rustomji's bazaar lying at Beliaghata in the suburbs of Calcutta to his two sons Dadabhoy Rustomji and Maneckji Rustomji for a consideration of the sum of Company's Rs. 14,000. On the same day, i. e. on December 19, 1842, the said Dadabhoy Rustomjiand Maneckji sons of Rustomji Cawasji, conveyed the very same property, Rustomji's bazaar, toothier father Rustomji Cawasji for a consideration of Company's Rs. 10 in trust with the object: -from and out of the rents and profits of the bazaar hereditaments and premises to pay and disburse of and from the charges and expenses of Agyaree or the place of worship for Parsees built by the said Rustomji Cawasji and situate in Doomtallah in the town of Calcutta and (2) for or upon no other use, trust, intents and purposes whatsoever. It was provided also in that deed that Rustomji Cawasji shoul