MOHAPATRA, J.

( 1 ) THIS is a plaintiff's Second Appeal against the judgment and decree dated 4-348, of Sri B. K. Patra, Subordinate Judge of Puri in Title Appeal No. 10/47. Admittedly the deity (plaintiff 1) Artatran Alekhagadi Bramha is the owner of the property in dispute. Plaintiffs 2 to 19 are the villagers of the village in which the deity is situate. The suit is for a declaration that the sale deed dated 4-1-44, executed by defendant 3 in favour of defendants 1 and 2 is invalid as not being for justifying necessity of the deity. The plaintiffs have prayed for confirmation of plaintiff's possession in respect of the property in suit. The plaintiffs allege that the deity is a public one and that the villagers had founded the deity and are marfatdars. For performing Sebapuja of the deity they have brought defendant 3 from mouza Benupada. According to the plaintiffs, therefore, it is the villagers who are the marfatdars of the deity and defendant 3 is merely in the position of a servant. The present suit was brought on behalf of all the villagers represented by plaintiffs 2 to 19 under the provisions of Order 1, Rule 8, Civil P. C. , and the permission of the Court under the sa