( 1 ) THIS is a representative suit instituted by the plaintiff for self and other members of the Hindu community interested in the trust created by the Will of Akshoy Kumar Ghosh deceased. The defendants Nos. 1 and 2 Hem Chandra Dey and Protap Narayan Bose were impleaded on the allegation that they were purporting to act as executors and trustees. Defendant no. 3 is Ashutosh Coomar in whose favour a lease was granted of one of the trust properties. The defendants Nos. 5 and 6 Prosanno Kumar and Hemanta Kumar are stated to be the heirs of the settlor along with the plaintiff. The defendant No. 4 is the deity. During the pendency of this suit the defendants Hem Chandra and Basanta died and their heirs and legal representatives have been substituted in their place and stead.

( 2 ) THE nature of the suit will appear from the reliefs claimed. There are averments in the plaint in support of the reliefs. The title of the defendants Hem Chandra and Protap Narayan to act as trustees has been challenged. So also the lease has been challenged inter alia on the ground that the grantors were not properly appointed executors and trustees and were not competent in law to gran