NABAGHANA SAMAL Vs. BHAGAWATA GOSSAIN

JUDGEMENT

(1.) THIS is a revision against an order dated 24-2-62 passed by the Munsif of athgarh, in Title Suit No. 17 of 1961 holding that the Civil Court's jurisdiction to decide the dispute involved in that litigation was not ousted by Section 73 of the orissa Hindu Religious Endowments Act, 1951 thereinafter referred to as the new act)

(2.) THE said suit was brought on behalf of two public deities in village Ballipur by several members of the public under the provisions of Order 1, Rule 8, C. P. C. The principal defendants were the marfatdars (defdts. 3 to 6) of the deities. it was alleged that they made unauthorised alienations of the properties of the deities by four registered kabalas on the 6th April 1960 in favour of defendant No. 1.

(3.) THE main reliefs asked for by the plaintiffs were: