S.B.Sinha, J. - (1.) The plaintiffs are the appellants. They filed a suit for administration and partition claiming inter alia, the following reliefs; (a)Administration of the Trust Estate created by the Registered Indenture dated 18th April, 1934 as mentioned in the plaint; (b)Seheme be framed for carrying out the objects and purposes of the said Trust and proper management of the Trust estate including the turn of worship of the plaintiff deities to be performed by the she baits under the said Indenture dated April 28, 1934; (c)Accounts be taken of the debts and/or liabilities of the said Narayani Dassi deceased to the said Trust Estate and decree for such sum as may be found due thereupon in favour of such the parties herein as may be entitled to; (d)Perpetual injunction restraining the defendants Nos.1 to 7 and each of them, their servants agents and/or assigns from realising rents, issues and profits from the premises No. 224, Cornwallis Street, Calcutta now know as 224, Bidhan Sarani, Calcutta or any portion thereof; (e)A declaration if necessary that the defendants No.9 to 16 are not the shebaits of the plaintiff deities and the plaintiffs Nos. 1 to 5 are the only shebaits of the plaintiffs Nos. 1 to 5 are the only shebaits of the plaintiffs deities representing the branch of Girindra Nath Chunder; (f)Determination of shebaits representation the branch of Sm. Narayani Dassi and/or her husband; (g)A declaration that none of the defendants has any right of residence at the said premises No. 224, Cornwallis Street, Calcutta at present No. 224, Bidhan Sarani, Calcutta." The fact of the matter is as follows;
(2.) By agreement in writing dated 4th and 6th June, 1925 Brojonath Chunder and Girindra Nath Chunder, sons of Gopinath Chunder, agreed to settle in trust for and/or dedicate to the Thakurs Sree Sree Gopinath and Karunamoy Mahadeb (which deities have been added as plaintiff Nos. 6 and 7), various immovable properties including premises No. 224, Cornwallis Street. Brojonath Chunder died on 24th September, 1925 without any male issue leaving behind a widow, Smt. Narayani Dassi as his sole heir.
(3.) A suit was instituted in this Court by Girindra Nath Chunder which was marked as Suit No. 2182 of 1932 against the aforementioned Smt. Narayani Dassi, inter alia, for declaration that the various properties mentioned in the aforementioned agreements stood dedicated to the Sheba and worship of the plaintiff deities as also specific performance there of by Smt. Narayani Dassi. The suit was compromised. The terms of the said compromise have been stated in paragraph 5 of the plaint.;