( 1 ) THIS is a suit to challenge the alienation of a defaulter property. The debutter was created by one Mokshadamoyee Desi by two Arpannamas. She appointed herself as the first shebait and certain named persons as subsequent shebaits. Thereafter, the shebaity was to devolve on the nephew of the settlor one Sital Chandra Das and his heirs. The shebaity devolved on Sital sometime in or about 1944, During the life time of Sital's shebaity, the debutter property was sold. Sital died in or about February 1956. His only daughter Molina Hazra as Sital's heir became the next shebait. This suit has been instituted by her for self and as the next friend and shebait of the deity. The parties impleaded are a number of persons who dealt with the debutter property.

( 2 ) THE plaint sets out all facts leading ultimately to the sale of debutter property. Sital as shebait created a lease in favour of the defendant Gopinath Das on a monthly rent ot Rs. 5/ -. The lease records the payment of Rs. 2,500/- as selami. Gopinath subsequently assigned the lease to the defendant Nemai Chand. The defendant Rajen Sen purporting to act as the next friend of the deity instituted a suit agai