( 1 ) THIS appeal raises an important question of Hindu Law. In Konwur Doorganath Roy v. Ram Chunder Sen, 4 Ind App 52 (PC) (A) their Lordships made an observation in these words:"where the temple is a public temple, the dedication may be such that the family itself could not put an end to it; but in the case of a family idol, the consensus of the whole family might give the estate another direction".

( 2 ) THE question has been raised in the present appeal whether this observation that "in the case of a family idol, the consensus of the whole family might give the estate another direction", is binding authority for holding that an absolute debutter property of a family idol can be made secular by the members of the family agreeing to do so. The plaintiffs brought the present suit for declaration of their title and for delivery of possession of certain lands on the basis of a lease by the descendants of one Akshoy Kumar Haldar. The defendants contend that this was absolute debutter property of the idol Abhoya Thakurani and so the descendants of Akshoy, who was one of the Shebaits, could not give any valid title to the plaintiffs by giving lease on the representation