1. THIS appeal under clause 15 of the Letters Patent is directed against the judgment and decree dated June 24, 1974, passed by N. C. Mukherji, J, in Second Appeal No. 2459 of 1965. This appeal arises out of a suit for injunction which was dismissed concurrently by the two courts below but was decreed by our learned brother n. C. Mukherji J, by the judgment and decree under appeal. The facts which led to the suit may be stated shortly as follows : -

2. TWO brothers Chandi Charan and Baladeb dedicated the suit properties in favour of their ancestral deity Sr. Sitala Debi Thakurani by a deed of Endowment dated October 3, 1929. By the endowment they appointed themselves to be the Shebaits during their lifetime and it was further provided that on their death there respective heirs in succession would be the Shebaits. The endowment in or imported the usual restriction that the shebaits for the time being will carry on the Devseva of the deity and will manage and use the suit property for the said purpose but would not be entitled to transfer the same in any manner or use it as their personal property. Chandi Charan being dead it is not in dispute, his interest in Shebaiti devol