JUDGMENT :

A.K. Rath, J.

Plaintiff is the appellant against an affirming judgment. The suit was for declaration of right, title and interest and permanent injunction.

2. Plaintiff is the deity represented through its marfatdar. Case of the plaintiff is that Sri Sri Kedarnath Mahaprabhu is the family deity of Ladi Sanyasi. Ladi Sanyasi installed the deity in the year 1971. He was the marfatdar of the deity. One Kalyan Mandap and flower garden exist over the suit land. The deity is the owner in possession of Ac.11.66 cents of land appertaining to Khata Nos.102/39 and 51/92 of Village-Gopalpur. He purchased the suit lands by means of a registered sale deed no.982/78 from Devarasetty Janardhan and his sons. Possession of the land was delivered to him. The suit lands were sold by mentioning the khata number, plot number, local name with boundaries. The suit lands could not be mutated in his name as the sale deed was impounded. Encroachment Case No.602 of 1984 was initiated against him in respect of Plot No.163/3 admeasuirng Ac.1.55 cents and Plot No.123/1 admeasuirng Ac.1.13 cents. In the said case, the marfatdar appeared and prayed for demarcation and identification of the lands; but then