JUDGMENT :

R.N. Misra, J. - Both the first appeals are directed against a common judgment and separate decrees of the learned Subordinate Judge of Berhampur passed in two separate suits and the, the appeals on the application of the parties were made analogous in this Court. Their were heard together and are disposed of by this judgment.

2. First Appeal No. 155 of 1966 is directed against the decree in Title Suit No. 62 of 1963 while First Appeal No. 267 of 1967, is directed against the decree in Title Suit No. 1 of 1964. The facts of each of the suits may he separately indicated:

First Appeal No. 115 of 1966:

3. The Plaintiff is the Appellant. He and the Defendant were two step-brothers. Their father who was a temple pujari died when the Defendant was young. The Plaintiff alleged that be looked after the Defendant as also his mother, educated the Defendant and looked after them. Plaintiff's father sold him to late Sri Sitaram Das Babaji, Mahant of Babaji Radhakanta Muth and in due course the Plaintiff became the Mahant of the said Muth. There is no clear material on record to show. as to when the Plaintiff became Mahant, but from Ext. F (deposition of p.w. 12 in an O.T.R. case) it app