( 1 ) THIS is plaintiffs second appeal arising from Regular Civil Suit No. 9/96.

( 2 ) THE dispute between the plaintiffs and the defendant is regarding the property surveyed under no. 263/3 of village tuem in which admittedly there is a house belonging to the plaintiffs and a temple of Sri sateri belonging to the defendant. There is no dispute that the property surveyed under no. 263/1 belongs to the defendant wherein the main temple of Sri Bhagwati is located and so also other affiliate temples of Sri Mahadeo, Sri vishnu and a Dharmashala belonging to the defendant.

( 3 ) THE parties hereto shall be referred to in the names as they appear in the cause title of the suit.

( 4 ) THE case of the plaintiffs, in brief, is that the said property was known as deusu or deulacodil Sorvo Gorbatulem Gaudo and that the same was their ancestral property having Land Registration No. 18644 and inscription No. 13443 and that the plaintiffs were regularly paying land tax in respect of the same. The boundaries of the said property have been set out in para 3 of the plaint regarding which there is now no dispute raised. The plaintiffs stated that the said property was inscribed and described