Reuben, J.

1. This civil revision petition and miscellaneous appeal, both by the plaintiff, are directed against an order of the Subordinate Judge, 3rd Court, Patna, in Title Suit No. 122 of 1947.

2. In this suit, the plaintiff, as sebait of Sri Thakur Brindaban Behari having its temple at Mahalla Kazibagh, police station Alamgunj, and Sri Thakur Radha Rasik Mukutmani alias Sri Thakur Brindaban Rasik Mukutmani having its temple in Mahalla Gyangudri Darwaza, police station Brindaban, in the district of Mathura, United Provinces, sues on behalf of the Deities to recover certain property in Brindaban and in Patna. The property in Brindaban, according to him, forms portion of the temple there. It was sold on 14-11-1929 in execution of a decree dated 25-7-1928, in Suit No. 273 of 1928 in the Court of the Munsif of Mathura on the basis of a bond for Rs. 140, executed by Muneshwar Tewari, one of the then sebaits of the Deity. It is alleged that Muneshwar Tewari had no authority without the concurrence of the other sebaits to incur any liability on behalf of the Deity, and that the liability was incurred without any legal necessity and was not for the use or benefit of the Deity, a