JUDGMENT

Asutosh Mookerjee, J. - The subject-matter of the litigation which has culminated in this appeal is a parcel of land in the town of Dacca temple erected thereon, two idols installed therein, together with ornaments and other articles appurtenant there to. The first plaintiff is Ananda Chandra Chakravarti, a member of the legal profession, practising at Dacca, and he has commenced this litigation, on his own behalf and also as shebait of the two idols, Rudra Nath and Mahamaya, images of god Siva and goddess Durga espectively) who are joined as co-plaintiffs. The first defendant, Brajananda Saraswati claims to be the mohant of the Bura Siva temple and Asthan, an ancient religious foundation situated in the town of Dacca n the immediate neighbourhood of the disputed temple. The second defendant Rudra Tridandi Trijuralinga Swami is alleged by the plaintiff to be the real mohunt of the Bura Siva temple) who resides at Swamibag in the town of Dacca. The third and fourth defendants are epresentatives of the estate of the late Iswar Chandra Ghosh, sometime Government Pleader at Dacca. The fifth defendant, Birendra Chandra Chaudhuri, is said to be a priest acting tinder the direction of the first defendant. The case for the plaintiff is that the disputed temple, known as the Anandamayi temple, was erected by him on land obtained by way of gift from Iswar Chandra Ghosh, that the idols were established by him, and that he peacefully exercised his rights as founder shebait till the time of the Durga Puja of 1914 when the first defendant raised a dispute and obstructed him. He was, however, able to perform the Puja, as an order u/s 144 of the Criminal Procedure Code was made by the authority. out proceedings were instituted shortly afterwards u/s 145 of the Criminal Procedure Code, which resulted infonly, having been merged in a decree. an order made on the 2nd March 1915, in favour of the first defendant. The plaintiff accordingly institute d the present suit on the 18th September 1916 to establish and enforce his rights in respect of the Anandamayi temple and the idols Rudra Nath and Mahamaya. The first defendant alone contested the claim the second defendant, so far as can be gathered from the record, lent his support to the plaintiff. The contesting defendant urged that the site of the temple was land comprised within the ambit of the Bura Siva temple arid Asthan and was at no time the property of Iswar Chandra Ghose, the donor of the plaintiff. He further alleged that the plaintiff had no right in respect of the disputed temple and the idols installed therein, except such as is possessed by every member of the public. The Subordinate Judge has come to the conclusion that the site of the temple did not belong to Iswar Chandra Ghose, but was comprised in the Bura Siva temple and Asthan. He has also disbelieved the story of verbal gift by Iswar Chandra Ghose in favour of the plaintiff. He has found, however, that the Anandamayi temple was in fact erected by the plaintiff and that the idols were established by him. But in the opinion of the Subordinate Judge, this Goes not confer on the plaintiff any special rights distinct from those enjoyed by the members of the public in general. In this view, the Subordinate Judge has dismissed the suit. This is the decision assailed in the present appeal.

2. As regards the original title to the site whereon the Anandamayi temple stands, we have scrutinised the entire evidence, which has been minutely discussed before us. On this part of the case, we are not prepared to dissent from the conclusion or the Subordinate Judge which is based on an accurate and exhaustive review of the evidence. The conveyances relied upon by the plaintiff contain boundaries which cannot be identified with precision, and these documents do not prove that the disputed land was owned by the predecessors-in-interest of Iswar Chandra Ghose. We cannot further overlook that there are difficulties in connection with the all