G. K. MISRA, J.

( 1 ) THE disputed properties belong to the deity Sri Damodar Jew Thakur. The deity is the plaintiff. The suit was brought through Barada Kanta Misra one of the marfatdars. The trustee appointed by the Endowment Commissioner has been substituted in this Second Appeal in place of the marfatdar representing the deity. Defendants 1 and 3 to 19 are the marfatdars of the plaintiff deity who has also been put as defendant No. 2. Defendant No. 1 was the landlord of the disputed lands and thus had dual roles. He as landlord filed a rent suit in 1935-36 against Barada Kanta Misra and some of the defendants-marfatdars and obtained an ex parte decree which was executed in execution case No. 264 of 1936-37. He purchased the disputed lands on 29-7-36. After the sale the father of Barada Kanta Misra and other cosharer marfatdars filed an application to set aside the decree for rent on the ground of fraud. During the pendency of that proceeding there was a compromise. The decree for rent was set aside and another decree was passed to the effect that defendant No. 1 would be entitled to realise Rs. 150/- by certain date and in case the judgment-debtors did not satisfy the decree d