( 1 ) THE original appellant Sarat Chandra Bhattacharjee, since deceased, was the defendant in a suit under Section 92, Civil P. C. read with Order 1, Rule 8 of the Code. The suit was decreed and he filed the present appeal.

( 2 ) SARAT died during the pendency of the appeal in this Court and the present appellants who are three of his sons along with their eldest brother Hrishikesh who is respondent 4 were substituted in his place.

( 3 ) THE suit was brought on 9-7-1943. It was once dismissed by the learned District Judge on a preliminary ground but the said dismissal was set aside by this Court on 17-3-1949 and at the re-hearing after remand the suit has been decreed by the learned Subordinate Judge.

( 4 ) THE dispute relates to the Goari Siddhes-war Kalibari. It is an ancient institution dating about a century back. The deity Sree Sree Siddhe-swari Kali Thakur appears to have been originally the family deity of a pious Hindu Brahmin Dina-bandhu Chatterjee. It was originally set up and installed in a hut, constructed by Dinabandhu on the northern bank of the river Jalangi, popularly known as Kharia. When the hut was about to be washed away by erosion of th