JUDGMENT

Chatterjee, J. - This appeal arises out of a suit for a declaration that certain properties which had passed from the family of the Plaintiff and Defendants and had been re-purchased by some of the Defendants were debutter properties and liable to contribute to the expenses of the debsheba. There were also certain other prayers. The debutter character of the property was denied. The learned Subordinate Judge has found that the property was once debutter but that by the action of certain members of the family in dealing with this property the character of the property has been changed into that of secular property. As authority for the latter conclusion, he has relied upon certain cases which he does not name. He may have had in his mind the case of Doorga Nath v. Ram Chandra I. L. R. 2 Cal. 341 (1876). In that case, there is no doubt, their Lordships said : "but in the case of a family idol, the consensus of the whole family might give the estate another direction." In the first place, that is a mere opinion which was not necessary for the decision of the case : and, in the second place, it does not say that it is competent to the heirs of the donor or other shebaits to con