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9. In several documents, orders and decrees which have been exhibited reference is made only to plaintiff 1 thakur but the rights of both thakurs are alleged to be identical and, therefore, it is convenient to treat all evidence, oral and documentary, as being referable to both of them. Since the whole of the Durgabari is included in the portion allotted to the thakurs reference to it has not been made; the evidence and contentions relate to the thakurghar and the dolebari.

10. During the course of the trial considerable argument was directed to the question of alleged dedication or partial dedication of the thakurbari but Mr. S.N. Banerjee, for the plaintiff thakurs, eventually relied solely upon a deed of trust dated 21-2-1848 by which, he contended, Motilal had conveyed to trustees the family house upon trust) inter alia, for use by the thakurs of the thakurghar for their location and of the dolebari for the celebration of the annual dolejatra. He also relied in support of this contention upon the several other documents to which I have previously referred, and which hereafter will be discussed.