JUDGMENT :

Misra, J. - Plaintiffs are the Appellants in this Second Appeal against the concurring judgments of the courts below. The suit property, for which the Plaintiffs claim declaration of title and recovery of possession, forms portions of Nijchas and Nijjote holding in touzi No. 5639 in Cuttack Collectorate, which was a temporary settled estate. The said estate previously belonged to the deity Shyamsundar Jew Thakur. On 12-9-1945, the said touzi was put to revenue sale and was purchased by one K.C. Sahu, who took delivery of possession on 4-7-1946. On 14-2-1949, the Plaintiffs purchased the entire touzi from the said auction purchaser. While the estate was with the diety, on 4-1-1938 the father of Defendant No. 1 took permanent lease of a portion of plot No. 537 out of the said touzi from one Narahari, one Adikanda and one Ramkrushna, who were three out of the eleven marfatdara of the deity. The said three marfatdars also leased out portions of plot Nos. 537 and 538 to one Sashi, the wife of marfatdar Ramkrushna, on 12-1-1938. Defendants 2 and 3 are the heirs of Sashi, the original lessee. The said touzi vested in the Government under the Orissa Estates Abolition Act on 1-5-1