(1.) After hearing learned Counsel for the parties, learned Amicus Curaei and Sri I.N. Singh, learned Counsel appearing for Kashi Vidhwat Parishad, following questions arises to be decided in the present Case.
(2.) Facts of the case are as follows- Premises No. B-17/34, 35, 36 and 38, situated at Mohalla Til Bhandeshwar, Varanasi City which was renumbered in Municipal Record as House No. B-17/57, 58, 59 and 60 was the property dedicated to the Deity Sri Shaligram Shila (Sri Gopal Thakur). Kalidas Mukherji, Girja Prasann Mukherji, both sons of Babu Gopal Charan Mukherji and Nalini Ranjan Mukherji, Ramini Ranjan Mukherji, Kamini Ranjan Mukherji alias Chando minor under the guardianship of his mother Smt. Santoshini Debi, all sons of late Shivadas Mukherjee, Residents of Til Bhandeshwar, Benaras City executed a Deed of Dedication to family Deity Sri Shaligram Shila (Gopal Thakur) through a registered deed dated 5^th March, 1928 and also appointed Kali Das Mukherji and Girija Prasann Mukherjee as Shebaitts of the said Deity jointly with the condition that they would work jointly and after the death of one of them, the survivor shall be Shebait and perform Rag, Bhog and Pooja etc. and after the death of both the Shebaits Ramini Ranjan Mukherjee, son of late Shivadas Mukerjee and Profulla Kumar Mukerjee, sons of Kalidas Mukerjee, both or any one of them who may be alive at the time would work as Shebaits and after their death the eldest grandson of Kalidas Mukerjee and eldest grandson of Shivadas Mukerji and the eldest male member in succession would work as Shebaits.
(3.) Indisputably, Shyamnal Ranjan Mukerjee and Nalini Ranjan Mukerjee were recorded in the Municipal records as Shebaits of Sri Shaligram Shila (Gopal Thakur) before the dispute arose.