( 1 ) THIS is an appeal of Lala Behari Lal the contesting defendant in the suit for recovery of property and mesne profit. The plaintiff is the idol, Sri Thakur Radha Ballabh Ji and sues through Yasodanandan as next friend. The plaint allegation is that house No. 49/54 belonged to the plaintiff. The said house was a partitioned portion of a bigger building of which the other partitioned portion bore No. 49/53. The plaintiff was not the proprietor of house No. 49/53 but he had acquired the mortgagee rights thereof. The partitioned portion No. 49/54 (also referred to as house in this judgment) had been bought by the plaintiff out of the plaintiffs fund by defendant No. 2 Lala Jagannath as Manager and sarvarakar of the plaintiff. Jagannath Prasad later executed a sale deed dated 13-1-1942 in respect of the partitioned portion No. 49/54, of which the plaintiff was in proprietary possession, in favour of L. Behari Lal the contesting defendant for a consideration of Rs. 10,000/- with the allegation that house No. 49/54 was in a dilapidated condition and needed to be rebuilt and that out of the sale proceeds some other newly constructed property would be purchased by jagannath P