( 1 ) THIS is an appeal against an appellate decree of the Subordinate Judge of Malda reversing that of the Munsif, 1st Court of the same place. The facts as far as necessary for decision of this second appeal are not very much in dispute.

( 2 ) IT appears that one Mohanta Rudrananda Giri Goswami sued on behalf of the Hindu villagers of five villages for recovery of possession of 'certain properties from the defendants. He brought the suit in a representative capacity under Order 1, Rule 8, Civil P. C. No sanction under Section 92, Civil P. C. was taken or even applied for. It is clear that in the Settlement Record of Rights this property was stated as 'jimma dakhal' Abhoy Charan Sarkar 'gramya Sadharan pakshay' and the property is shown as the property of Ratanti Kalimata for Kali 'pujah'. The present defendants are said to be the custodians of the property on the death of Abhoy Charan Sarkar. The suit was for removal of these defendants as they had neglected to perform the Ratanti Kali 'pujah' as required.

( 3 ) THE defence was that they were performing three other Kali 'pujahs' though not the Ratanti Kali 'pujah' and further that sanction under Section 92, C