JUDGMENT :

A. Pasayat, J. - In this appeal under the Letters Patent, judgment of learned Single Judge of this Court in First Appeal No. 86 of 1978 affirming the judgment and decree passed in Title Suit No. 151 of 1972 by the learned Subordinate Judge, Athagrarh (hereinafter referred to as the 'trial Judge') is under challenge.

2. The facts leading to filing of the appeal essentially are as follows:

Plaintiff-respondents in this appeal filed a suit for a declaration that their interest in the property of the joint family in which they were members is not affected by the sale of the property for recovery of damages in Money Suit No. 15 of 1957 and in Title Suit No. 16 of 1960. Their stand was that the decree for damages was against the defendants personally and joint family interest could not have been sold. The suit was decreed. Defendants took the stand in the suit and in the First Appeal that the decree passed against defendant Nos. 17 to 19 were not due to any criminal acts done and the plaintiffs having obtained benefit out of the deity's property which was in possession of defendant Nos. 17 to 19, who are their coparceners in joint family, their share in the scheduled property was