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The two claims made against Nirmala and the
deities in suit No.67 of 1955, though capable of being
joined in a single action were distinct, against the deities
it was claimed that the property was partially dedicated in
their favour; against Nirmala it was claimed that she was
merely a benamidar for the settlor Balai and that she was
not a Shebait under the deed of settlement. The High
Court has passed a decree declaring that dedication in
favour of the deities is partial and has further held, while
affirming her right to be a Shebait that Nirmala was
merely a benamidar in respect of the properties settled by
the deed. There was no inconsistency between the two
parts of the decree, and neither in the High Court nor in
this Court did Nirmala claim a right for herself which was
larger than the right awarded to her by the decree of the
Trial Court. In considering the personal rights claimed by
Nirmala under the deed Ext. 11, it is not necessary, even
incidentally, to consider whether the deities were given an
absolute interest. There were therefore two sets of
defendants in the suits and in substance two decrees
though related were passed. One of the decrees can
stand apart from the other.