BANABIHARI DEV Vs. ASSISTANT COMMISSIONER, HINDU RELIGIOUS ENDOWMENTS

JUDGEMENT

(1.) THE Plaintiff 's suit to declare the Institution of Banabihari Dev in village Biratung and Biratung Math as adjuncts or part of Mulak Choura Math and as such outside the purview of Orissa Hindu Religious Endowments Act, 1951 (for short '1951. Act ') and for a further declaration that the orders passed by the Assistant Commissioner.. Hindu Religious. Endowments, Orissa in O. A. Case No. 92 of 1951/52 on 24 -7 -1957 declaring that the institution of Banabihari Dev with its endowments is a public temple under the 1951 Act and the Appellant No. 2 as the hereditary trustee thereof are without jurisdiction and for other reliefs having failed, this appeal has been preferred.

(2.) THE short narration of facts leading to the institution of the suit are that the Plaintiffs -Appellants had filed a petition, under Section 64 of the Orissa Hindu Religious Endowments Act, 1939 (Orissa Act 4 of 1939) for short, (the 1939 Act ', claiming the, Mulak Choura Math as neither a Math nor a temple as defined in that Act and that it was a branch of the main Math situated at Chicacola in the district of Vizag ( A.P. ). This application was disposed of by the order of the Commissioner of Endowments, Orissa on 23 -2 -1946 (Ext. C) finding that the institution of Mulak Choura Math had been founded at Vizag more than two hundred fifty years ago during the time of emperor Aurangzeb by Sri Mulak Das Babajee a highly reputed saint and had been endowed with large properties by Aurangzeb as atonement for his conduct against innocent and holy Sadhus.

(3.) MR . R. K. Mohapatra, the learned Counsel appearing for the Appellant assails the judgment of the Subordinate Judge on the following grounds: