CHINTAMANI PATI Vs. KRISHNA CHAUDRA PANDA AND ORS.

JUDGEMENT

(1.) RESPONDENTS 1 to 6 (here in after referred to as the Petitioners) filed an application under Section 41(c) of the Orissa Hindu Religious Endowments Act, 1951 (Act No. II of 1152), here in after referred to as the Act, asking for a declaration that they are the hereditary trustees of the deity Sri Neelakantheswar Mahadeb installed in village Raigurupur in the district of Puri. They claim to be the descendants of Puri Panda. The properties described in the schedule are recorded in the name of the deity with them as Marfatdars. The temple of the deity was constructed by some Raja. Since the time of the installation of the deity, the family of the Petitioners have been managing the affairs of the temple from generation to generation. No outsiders were ever in charge of the management. Besides being Marfatdars they are also the Sevaks of the deity.

(2.) MR . Misra for the Appellant contends that the Petitioners are no t the hereditary trustees within the meaning of Sections 3(vi) of the Act which runs thus.

(3.) THE result of the aforesaid analysis is that the Petitioners are trustees of the institution and have established that they are succeeding to the marfatdari right by hereditary succession.