RUDRENDRA NATH BANERJEE, J

(1) THIS appeal is directed against the judgment and decree passed in Suit No. 620 of 1982 of the Ordinary Original Civil Jurisdiction of this Court decreeing the suit in favour of the plaintiff-deities.

(2) THE plaintiff-deities case briefly stated is as follows:

(3) ONE Kailash Chandra Dey, the original owner of the suit property, made out an Arpannama dated April 11,1903 making the suit properties along with others debuttar after dedicating the same in favour of Shri Lakshmi janardan Thakur, Sri Sri Vairabeswar Shib Thakur, Sri Sri Kailash Nath Shib thakur i.e. plaintiff Nos. 1, 2 and 3 respectively. In such Arpannama, Sri Sri kailash Chandra Dey himself was appointed the first shebait of the plaintiff-deities. While the plaintiff-deities were being represented by such shebait and the debuttar estate under the Arpannama was being managed by such sebaits as per terms of the Arpannama, in or about 1948, a dispute arose between the then sebaits on the issue of management of the debuttar properties and worship of the plaintiff-deities.

(4) THE Administrative Suit No. 3491 of 1948 of this Court was filed by the plaintiff-deities through the next friends viz. Sm. Satyabati Dasi and Rohit kumar Dey, Saroj Kumar Dey and Ranjit Kumar Dey. The suit was filed against Kanai Lal Dey, the predecessor of the present defendant/appellant nos. 6 to 12 and Krishna Kumar Dey, the father of the defendant/appellant no. 5 and two others. The suit was, inter alia, for removal of Krishna Kumar dey and Kanai Lal Dey from the office of shebaitship and for administration of the debuttar estate and other relief.

(5) IN the said suit, a Receiver was appointed over the entire debuttar estate by an order of the Court dated February 2, 1959. The Court by an order dated September 1, 1958 decreed the suit in preliminarily form on consent.

(6) THE present defendant Nos. 2 to 4 along with Kanai Lai Dey, since deceased, and Krishna Kumar Dey, since deceased, were declared sebaits of the said deities and the other terms of the said consent decree were as follows :-

(A) The term of worship i.e. Pala would be enjoyed by Kanai Lal dey, since deceased, for the first year Rohit Kumar Dey and his brothers, i. e. the defendant Nos. 2, 3 and 4 would get the second pala thereafter for the next one year. Thereafter, Krishna Kumar dey, since deceased, would get the third Pala for the next one year.

(B) The paladars or the sebaits, after the expiry of their respective turn of worship, should make over the debuttar properties and the ornaments belonging to the deities to the next paladar.

(C) The management of the Dev Seva would be in accordance with the scheme annexed to the said decree and the management of the debuttar estate should be governed by the terms of Arpannama dated April 11, 2003 executed by the founder, viz. late Kailash Chandra Dey.

(D) An Official Receiver was appointed over the debuttar estate and he was to stand discharged from further acting as the Receiver subject to his filing of final accounts. Such Receiver was also directed to hand over the immovable properties of the debuttar estate to the plaintiffs and the defendant Nos. 2 and 3 jointly after whom the defendant, Kanai Lal Dey, since deceased, would act as the next paladar.

(7) ACCORDINGLY, after the death of Kanai Lal Dey, the defendant Nos. 2 to 4 got possession of the debuttar estate as next paladar on and from October 8, 1959. Thereafter, on the application of the plaintiffs in the said suit, Mr. P. C. Sen, Barrister-at-Law, was appointed as Receiver by the order dated January 13,1961. He accordingly took possession of this estate on January 18, 1961. Thereafter, the Receivers of the debuttar estate have been changed from time to time.

(8) THE said Kanai Lal Dey died intestate on or about 12th October, 1964 leaving him surviving the defendant Nos. 6 to 12 as his sons and heirs.

(9) THEREAFTER, the said defendant Nos. 6 to 12 made an application be