JUDGMENT

1. This is an appeal from a decree based upon an award of certain arbitrators which was accepted by the Court with a slight modification. As alternative to the appeal there is an application in revision. The suit in which the said award was made was instituted by Dwijendra and Robindra, the two younger sons of one Rai Radhashyam Das Adhikari Bahadur deceased, in their personal right and also as shebaits of a certain deity, against their eldest brother Barendra who was sued both in his personal right and as the other shebait of the said deity. The sons of the said plaintiff were subsequently added as co-plaintiffs. The plaintiffs asked for declaration of title and confirmation of possession in a two-thirds share in certain properties by right of survivorship. They prayed that if it be found that the properties were subject to a charge for debsheba the said charge might be declared. In the alternative, they prayed that if the properties be found to be debutter, their rights as shebaits be declared and they be put in joint possession with the defendant and a scheme be framed for the performance of the sheba (worship). On a joint application by all the parties the suit was refe