JUDGMENT

S. Pujahari, J. - This defendants are the appellants in both the appeals against the common judgment dated 02.04.2004 passed by the First Additional District Judge, Cuttack in RFA No.5 of 2003 and RFA No.9 of 2003. Both the appeals were filed challenging the judgment and decree dated 23.12.2002 and 06.01.2003 respectively passed in T.S. No.376 of 1989 by the learned Additional Civil Judge (Senior Division), Cuttack whereby the learned Civil Judge decreed the suit in part. The Plaintiffs-Appellants herein had preferred RFA No.5 of 2003 whereas the Defendants had preferred RFA No.9 of 2003. The learned 1st Additional District Judge by a common judgment disposed of both the appeals whereby RFA No.5 of 2003 was allowed and RFA No.9 of 2003 was dismissed. Hence, both these second appeals were heard together and are being disposed of by this common judgment.

2. The Respondent-Plaintiff No.1 (Nilachal Saraswata Sangha, Puri) known as Kendra Sangha being represented by it's the then Secretary Late Raghunath Pati and Cuttack Saraswata Sangha a Branch of Nilachala Saraswata Sangha, Puri (Plaintiff No.2) being represented by its Secretary Late Anatha Bandhu Pradhan and the President of