JOGIRAM MOHAPATRA Vs. SIBARAM PRADHAN

JUDGEMENT

(1.) THE judgment dated 29th June, 2004 passed by the Deputy Commissioner of Endowments, Orissa, Bhubaneswar in F.A. No. 2 of 2002, in exercise of the powers conferred upon him under Section 44(1) of the Orissa Hindu Religious Endowments Act, 1951 is assailed in this appeal.

(2.) THE appellants as petitioners filed Original Application No. 16/97 under Section 41(1)(i) of the Orissa Hindu Religious Endowments Act before the Court of Addl. Asst. Commissioner of Endowments, Berhampur, inter alia, praying for a declaration that they were the hereditary trustees of the deity Sri Sri Sidheswar Mohadev bije at village Maradakote in the district of Ganjam. According to the petitioners, the said religious institution was founded by the then Raja Saheb of Khallikote more than 160 years back.

(3.) THE Asst. Commissioner in the light of the pleadings framed five issues. In order to substantiate their case the petitioners examined three witnesses and exhibited twenty documents and opposite parties examined three witnesses and exhibited several documents. The Asst. Commissioner after discussing the evidence both oral and documentary held that the institution is a public religious endowment and the petitioners from the time of their ancestors were managing the suit institution and its property. On the basis of such conclusions the Asst. Commissioner held the petitioners to be the hereditary trustee of the suit institution.