JUDGMENT

1. This appeal arises out of a suit instituted by Sri Sri Iswar Gopal Jew Thakur and Sri Sri Iswar Sambhunath Sib Thakur represented by the Shebait Narendra Nath Mondal for the declaration that the properties in suit (consisting of 33 items) are Debuttar properties of the deities and for other reliefs.

2. The Shebait plaintiff, and the defendants to the suit are all members of the Mondal Family of Bawali. It appears that the ancestors of the Mondals viz., Peary Lall Mondal and Mohni Mohan Mondal established the two Deities mentioned above more than 70 years ago built temples and kept apart some properties for the maintenance of the worship and Seba of the Deities, which are being carried on from their time.

3. A suit was instituted in the year 1919 by two of the members of the Mondal family for framing a scheme of management of the Seba of the Thakurs in which Radha Binode Mondal (the defendant No. 1 in the present suit) denied that the properties were debuttar, and the Court held that the plaintiff in that suit had failed to prove that properties were absolute debuttar, and accordingly dismissed the suit).

4. The titles of the deities having been clouded by the decision of th