PANIGRAHI, J.

( 1 ) THE suit out of which this appeal arises was instituted by the plaintiffappellant under Order XXI, Rule 103 of the Civil Procedure Code, for a declaration that he is the sebayat of Deity Lord Jaganath to whom the suit properties belong and for recovery of possession of the same from the defendant.

( 2 ) THE plaintiff Mahanta Ganga Das is a chela of the late Mahanta Dhyan Das, who was the previous Mahanta of Bhaga Akahada Math situated at Pur. Mahanta Dhyan Das died on 20-6-41 and the plaintiff, claiming to have been elected on 13-7-41 by a Punch of Mahantas, to succeed the deceased Dhyan das as Mahanta of the said Math, asserts his title to the properties which admittedly constitute an endowment of the Deity Lord Jaganath. The defendant, mahanta Tirthananda Das, is the Mahanta of Pandu Math situated in Cuttack district and he claims to have been put in possession of the suit properties through Court, in pursuance of an execution sale held on 10-3-42. His case is that the late Mahanta Dhyan Das had contracted loans from him, for meeting the necessary expenses of the Deity, of which the deceased Mahanta was the sebayat, and that he had executed in his favour a r