JUDGMENT

Allsop, Ag. C.J.

1. These appeals arise out of two proceedings under the Encumbered Estates Act. Two applications under S. 4 of the Act were made by two brothers and in each proceeding the question arose whether a share in the village of Deomai was the property of the applicants or was the property of Sri Thakur Bindraban Behari Ji. The share in dispute belonged to the family of which the two applicants were members but it is alleged that it was dedicated, to the idol by a deed executed on 11-11-1864. The representatives of the idol produced a copy of this deed which was executed by Thakur Prasad and Janki Prasad, the two representatives of the family at that time. They have also produced copies of two other documents dealing with partitions in the years 1878 and 1908 in which it was mentioned by the members of the family that this property had been dedicated to the idol. There was some question whether these documents were relevant, but that is a matter which, we think, we need not discuss.

2. On the assumption that an attempt was made to dedicate the property in the year 1864, we still think that the property has not passed to the idol. According to this deed the two men, T