( 1 ) THIS appeal is at the instance of the plaintiff and it arises out of a suit for declaration of title, permanent injunction and for accounts.

( 2 ) THE case of the plaintiff was that one Nayan Chand Nandi installed the deity Sree Sree Gopinath Jew Thakur at 5a, 5b, and 5c, Ratan Babu Road, Cossipur, more than a century ago. His son Mathura Mohan dedicated the Ka schedule properties to the deity. The Kha schedule properties were acquired out of the income of Ka schedule properties. By an Arpannama executed by Mathura Mohan in or about Ashar 1229 B. S. , he appointed his widow Rashmoni and his brother's widow Jagadiswari as joint shebaits of the deity. The Arpannama is not, however, traceable. After the death of Jagadiswari, the shebaitship of the deity devolved upon Rashmoni who acted as the sole shebait up to about 1859. By a will dated October 21, 1859, Rashmoni appointed her relation Sristidhar as the shebait of the deity. Sristidhar, by a will which was probated, created a line of succession to the office of the shebait. He appointed his four sons, namely, Harinarayan, Haripada, Haribhusan and Harimohan as the successive shebaits and it was directed that af