( 1 ) THIS appeal arises out of an application under chap. XIII of the Rules of this Court (Original Side ).

( 2 ) THE applicant was Gopinath Dey describing himself as one of the trustees and shebaits under the Trust created by Srimati Chuni Moni Dasi.

( 3 ) THE trust was created by a deed dated 18-9-1901. By the deed the said Chuni Moni Dasi conveyed certain properties to her three sons, Gour Mohan Dey, Satcowrie Dey and Tincowrie Dey as trustees. By the deed of Trust, the settlor Sreemati Chuni Moni Dasi after reciting that she had built a temple for Thacoorbatty and established and located therein deities Sree Sree Juggernath Jiu and Sree Sree Radha Gobind Jiu as her own separate family deities, conveyed and transferred unto the said Gour Mohan Dey, Satcowrie Dey and Tincowrie Dey, their heirs, executors, administrators and assigns; certain properties which she described as her stridhone property, to have and to hold the same"upon the following trusts namely upon trust for the said Thacoors Sree Sree Jagannath Jee and Sree Sree Radha Gobind Jee. And upon Trust to permit and suffers the sebait or sebaits for the time being of the said Thacoors to use and employ the sai