( 1 ) THESE two appeals arise out of the same suit filed on behalf of a deity Sri Ram Lakshman janki, through Durga Prasad, sarbarakar of the deity. Second Appeal No. 879 of 1949 has been filed by defendant 1, and Second Appeal No. 1012 of 1949 has been filed by defendant 2. Defendant 3 is one Mst. Vidyawati, who took no interest in the case, because she had executed a deed of relinquishment in favour of the plaintiff. Briefly put the facts of the case are these.

( 2 ) HOUSE No. 76/100 situated in Coolie Bazar, Kanpur, along with other property belonged to one Smt. Janki Kuar. It is not disputed by any of the parties that Smt. Janki Kuer was the absolute owner of this house. Smt. Janki Kuar died on 6-6-1946, and the case of the plaintiff is that Smt. Janki Kuar executed a will on 2-6-1946 bequeathing the house mentioned above, to the plaintiff idol, and appointing Durga Prasad as the sarbarakar of the idol. The plaintiff thus became the owner of this house, ad it is said that defendant 1, who was admittedly a tenant of smt. Janki Kuar in the house, paid one months rent to Durga Prasad as sarbarakar of the plaintiff. After that defendant 1 refused to pay rent to the p