Judgment

SINHA, J. : This appeal by special leave is directed against the judgment and decree dated 27-4-1954, of the Orissa High Court, passed on second appeal, reversing the concurrent decisions of the courts below, dismissing the plaintiffs suit instituted under the provisions of R. 63 of O. 21 of the Code of Civil Procedure (hereinafter referred to as the Code ). The suit had been instituted by the respondents for a declaration that the deed of trust dated 15-12-1926, in favour of the first defendant, Paras Nath Thakur, installed in the Digamber Jain Temple, in the town of Cuttack in Orissa, was sham and fraudulent and had not been meant to be acted upon, and that the properties covered by the said deed of trust, belonged to the defendants 2 to 4, and were liable to be sold in execution of the decree obtained by the plaintiffs against the defendants-second party (defendants 2 to 4). The deity, the first defendant, was sued under the guardianship of the trustees.

2. The facts of this case, leading up to this appeal, in so far as they are necessary for the determination of this appeal, are as follows: The plaintiffs are the assignees of the mortgagee s interest in respect of a si