JUDGMENT

Suhrawardy, J. - This is an appeal by defendants 1 and 2 against a decision of the Additional District Judge of Midnapur confirming a decision of the Subordinate Judge of that place, allowing the plaintiffs' suit in part. The facts are that one Jaga Mohan Giri Das disposed of certain properties by. a will executed in 1286 A. S. whereby he dedicated some of his properties mentioned in schedule Ka of the plaint for worship of the family deity installed by him and appointed his wife Taramani as the she-bait of the deity. After her death her adopted son Madhusudan was to carry on the shebaitship of the deity with the income of the properties and after him shebaitship would continue in his line. Madhusudan mortgaged some personal properties to the appellants who obtained a decree upon the mortgage and had them sold. The entire debt under the mortgage not having bean satisfied by the sale they obtained a decree under Order 34, Rule 6, Civil P.C., and in execution of that decree, purchased the properties mentioned in schedule Ka, which were dedicated by the will of Jaga Mohan to the deity.

2. This suit is instituted by the present plaintiffs mainly for a declaration that those prop