JUDGMENT

Mukharji, J. - This is a suit by the widow of Mrintunjoy Mullick deceased against his minor son Debebrata Mallick who is the sole defendant in this suit appearing through his guardian ad litem Goloke Nath Mullik appointed under order of this Court dated 21st November 1947. The plaintiff asks for a declaration that she is the sole shebait of the Deity Sri Sri Iswar Nitya Gopal Jiu or alternatively for a declaration that she is the joint shebait with the defendant and for construction of an indenture dated 10th October 1934 and for other reliefs No evidence has been led by any of the parties to this suit and questions raised in this suit have been argued on questions of law on the construction of the said indenture and interpretation of Hindu Women's Eights to Property Act (XVIII [18] of 1937) as amended by Act (XI [11] of 1938).

2. The issues raised are the following:

1. Is the plaintiff entitled to be the sole shebait of the deity as alleged in Para. 8 of the plaint?

2. Alternatively are the plaintiff and the defendant joint shebaits of the said deity?

3. Is the defendant the sole shebait as alleged in para. 3 of the written statement?

4. To what relief, if any, is the plaintiff