GOPINATH JIEW Vs. COMR OF HINDU RELIGIOUS

JUDGEMENT

(1.) IT arises out of an order of the Munsif of Cuttack refusing to grant a temporary injunction to the pltfs. -petnra. by way of restrain, the deft. 1 (C. P. 1), Hindu Religious Endowments Comr. from levying contribution from the pltf. under the provisions of the Orissa Hindu Religious Endowments Act.

(2.) THE Commr. in exercise of the powers under the Act declared the endowment a public one, & accordingly, is going to levy the usual contribution which, in this case, amounts to Rs. 80 annually, the aggregate of the claim, at the time the petn, was filed, amounting to Rs. 240. The prayer for in. junction has been rejected on two grounds, namely, (i) that the suit having been stayed under Schedule , (Orissa Hindu Religious Endowments Amendment Act (Orissa Act (xxxi [31] of 1947), the Ct has no power to issue injunction; & (ii) that according to the balance of convenience, the petn. has no

(3.) THE present suit was instituted in the year 1948, that is, after the date of commencement of the Amendment Act. Section 8 reads : 3. (i) Subject to the provisions of Sub -section (2), all suits instituted under the provisions of Sub -section (2) of Schedule 4 of the said Act & pending on the date of the commencement of this Act shall be stayed for a period of two years from the said date. (ii) Notwithstanding anything contained in Sub -section (1) the Provincial Govt. may direct that any suit or class of suits stayed under Sub -section (1) shall be proceeded with from the stage which had been reached when the suit was stayed.