Judgement

MOHAPATRA, J. :- The plaintiffs are the appellants in the First Appeal against the judgment and decree passed by Sri B. Misra, Subordinate Judge of Balasore, arising out of a suit for declaration of title of the deity Govinda Jiew Thakur, plaintiff No. 1 and for recovery of possession of the disputed properties with an acreage 19,99 acres. Plaintiff No. 1, the deity, is situated in Bhadrak and plaintiffs 2 and 3 are the trustees representing the deity and were appointed as trustees by the Endowment Commissioner.

The contesting defendants 1 to 18 are the transferees in respect of the disputed properties on the basis of three sale-deeds and all of them being of 22nd January, 1927. One of the sale deeds was in favour of defendants 1 to 3 that is, Jena transferees; the second one was in favour of the defendants 4 to 8, that is Rout transferees; and the third was in favour of defendants 9 to 18, that is, Misra transferees.

Defendant No. 19 is the Ex-Mahant who has since been removed and plaintiffs 2 and 3 have been appointed as trustees by the Endowment Commissioner. The plaintiffs case is that the properties in dispute are the endowed properties belonging to the deity, plaintiff