DAYANIDHI NAIK Vs. MANGALA THAKURANI

JUDGEMENT

(1.) - - This is a second appeal from a decision of the Deputy Commissioner of Endowments reversing the decision of the Assistant Commissioner and allowing an application filed by respondent No. 1 under section 41 of the Orissa Hindu Religious Endowments Act, 1951 for a declaration that the property - 7.32 acres in extent was the specific endowment of the deity Mangala Thakurani of Kakatpur.

(2.) RESPONDENT No. 1 alleged that according to prevailing custom pipe was blown at the time 'Naibedya' was referred. The property belonged to Mohant Sri Raghu Nandan Ramanuj Das of Emar Math. He endowed the property as Jagir for Debadasiseba and blowing of Kahali (Pipe). One harlot family was in enjoyment of the property as Jagir and rendering the, service. In 1928 the then Mahant quit the rent. At that time one Ani Bai was rendering the seba. She was issue -less and had lost her spouse. She adopted the appellant as her son and made a gift of the property in favour of the appellant by two registered deeds of gift, one in 1928 and the other in 1942. It is alleged that by the aforesaid gift, the appellant became the Jagirholder and went on rendering Kahaliseba till 13.4.1979 when he abstained from rendering the service. The management was, therefore, obliged to get the specific sebapuja done by spending Rs. 10/ - a day. Their application under section 21 of the Orissa Hindu Religious Endowments Act, 1951 (for short, 'the Act') was allowed and the appellant was called upon to pay Rs. 3,600/ - to the management. There upon the appellant filed original suit No. 97 of 1980 before the subordinate Judge, Puri for the nullification of the order passed under section 21 of the Act. Respondent No. 1, therefore, filed an application under section 41 of the Act for a declaration as stated above.

(3.) ORIGINAL suit No. 97 of 1980 filed by the appellant was decreed exparte but the decree was set aside and has been stayed by an order of this court dated 19.4.1983. The proceeding under the Orissa Consolidation of Holdings and prevention of Fragmentation of land Act, 1972 pending in appeal No. 13 of 1980 before the Deputy Director of Consolidation, Range -III has also been stayed.