JUDGMENT

M.C. Ghose, J. - This is an appeal by defendant 7 in a suit for declaration of the title of an idol Sridhar Jiu Bistu Thakur and for recovery and confirmation of possession. The suit was instituted by one of the Shebaits making the other Shebaits party defendants. The facts are not disputed. The property in suit is part of an ancient de-butter property of the idol. Umesh Chandra Adak, one of the Shebaits, in 1921, made a gift of his Shabayati rights to defendant 1, who in 1924 transferred the same to defendant 7. The present suit was instituted in 1928. The learned Advocate for the appellant urges that (1) the Court below has not decided what kind of debutter the property in question is whether it is an absolute debutter or whether it is less complete debutter, and that (2) assuming that the property to be debutter, whether the transfer in this case was valid. Now on question of the kind of dedication to an idol the learned Advocate has quoted the case of Jagadindra Nath Roy v. Hemanta Kumari Debi (1904) 32 Cal 129. In that case their Lordships stated that there were two kinds of dedication to an idol: (1) dedication of the completest kind where the idol is rightly regarded