JUDGMENT

Norris and Macpherson, JJ. - The facts out of which this appeal arises as gathered from the evidence upon the record, and the statements of the learned pleaders for the parties, are these.

2. In the town of Sylhet there is an akhra of the idol Narsingha. This akhra is very old, but when it was founded or established, or by whom, does not appear.

3. The mohunt of the akhra has, up to the date of the institution of this suit, always been a Baisnab of the Ramayat sect; but every Hindu who pleases can worship in the akhra and render service to the idol, and many persons residing in the neighbourhood of the akhra other than the plaintiffs and the forty-two persons on whose behalf the suit is brought, do as a matter of fact worship therein and render service to the idol.

4. In the year 1268 (B. S.) one bala Bhadra Das was mohunt of the akhra, and on the 6th Chaitra, of that year, corresponding to 18th March 1862, he made a will which is in the following terms: "This will is executed by Bala Bhadra Das, mohunt of the akhra of the idol Sri Sri Narsing, inhabitant of Kasha, Sylhet, Mahala Kalighat, in favour of you Ram Krishna Das Baisnab and Ram Govinda Das Baisnab, inhabitants of the