Das, J. - (1.) This appeal arises out of an application under chap. XIII of the Rules of this Court (Original Side).
(2.) The applicant was Gopinath Dey describing himself as one of the trustees and shebaits under the Trust created by Srimati Chuni Moni Dasi.
(3.) The trust was created by a deed dated 18-9-1901. By the deed the said Chuni Moni Dasi conveyed certain properties to her three sons, Gour Mohan Dey, Satcowrie Dey and Tincowrie Dey as trustees. By the deed of Trust, the settlor Sreemati Chuni Moni Dasi after reciting that she had built a temple for Thacoorbatty and established and located therein deities Sree Sree Juggernath Jiu and Sree Sree Radha Gobind Jiu as her own separate family deities, conveyed and transferred unto the said Gour Mohan Dey, Satcowrie Dey and Tincowrie Dey, their heirs, executors, administrators and assigns; certain properties which she described as her stridhone property, to have and to hold the same "upon the following trusts namely upon trust for the said Thacoors Sree Sree Jagannath Jee and Sree Sree Radha Gobind Jee. And upon Trust to permit and suffers the sebait or sebaits for the time being of the said Thacoors to use and employ the said house and temple lands and premises and household furniture ornaments and effects respectively and the rent issues and profits to be derived by letting out the said premises No. 6 Gobind Chandra Sen's Lane for the purposes of the daily and periodical worship and service of the said Thacoors Sree Sree Jagannath Jee and Sree Sree Radha Gobind Jee and so that the portion of the said premises No, 6/1 Gobind Chunder Sen's Lane that may be used for the locations and worship of the said Thacoors may be used as a place of public worship accessible to all members of'the Hindoo community for the purposes of worshipping.";