Ganguly, J.

1. This appeal is directed against a judgment and decree dated 21st July, 1999 passed by a learned Judge of this Court whereby in a proceeding by way of Originating Summons a Trust Deed was sought to be interpreted by the learned Judge and certain questions have been answered. The material facts of the case are as follows ;-

One Pravabati Dasi, a Hindu Lady during her lifetime executed a Deed of Trust dated 11th March, 1952 whereby certain provisions have been made for the benefit of Shri Iswar Gopal Jew Deity located at Mazilpur Dutt House, P.S. Joynagar, District 24-Parganas (South). The said deity being the ancestral property of the lady, the said Settlor Smt. Pravabati Dasi granted, transferred and assigned premises No.3 B, Sarkar Lane, Calcutta-700 007 and inheritance thereof in fee simple in possession in the manner provided in the Trust Deed. The plaintiff-respondent was appointed a Trustee under the said Deed of Trust.

2. Admittedly, the plaintiff-respondent, thereafter, on 12th October, 1955 had written a letter to two other Trustees, namely, Smt. Bhagabati Dutta since deceased and Smt. Sushma Rani Dutta expressing his desire to retire from the Trusteeshi