JUDGMENT :

S.K. Ray, J. - This Secund Appeal is by Defendant No. 2 from the confirming decision of the 1st Additional Sub-Judge, Cuttack in Title Appeal No. 86/68/10/69 decreeing the suit.

2. The Plaintiff filed a suit for declaration that he is the occupancy tenant in respect of the suit land in Schedule A of the plaint comprising of plot 1202 (0.18), plot 1204 (0.20) of village Kundi, plot 311 (1.42) of village Mallikpur" plot 39 (0.75) of village Nandakishorepur and for permanent injunction against Defendants 1 and 2 restraining them from disturbing his possession over the same, and to confirm his possession thereof and, in the alternative, for recovery of possession. Admittedly, the suit land belongs to the deity Dadhibaban Jew of village Kundi, P.S. Mahanga which is a public excepted temple. The marfatdari right in respect of this institution vests in a body of persons including Defendants 1, 2 and 4 to 7. Defendants 1 and 2 have -/5/- interest and Defendants 4 to 7 have -/6/- interest in such marfatdari right. The Plaintiff's case is that Jogeswar Das, father of Defendants 4 to 7 inducted his father Hadibandhu Das as a tenant in respect of the suit land and other lands as the m