From the Judgment and Decree dated 31 7 1969 of the Orissa High Court in Appeal from Original Decree No.
The Respondent Commissioner of Hindu Religious Endowments, Orissa filed an appeal in the High Court against the decision of the Subordinate Judge which was heard by the Division Bench referred to above.
The appellants plaintiffs had instituted a suit under s. 62 2 of the Orissa Religious Endowment Act, 1939 Act No.
4 of 1939 hereinafter referred to as the Act this Act applies only to public endowments to set aside the order dated 4 8 1950 of the respondent defendant by which the temple of the appellants, whose deity was Radhakanta Deb, was declared to be a public temple and a trust and the endowment was held to be of a public nature and, therefore, was to be governed by the Act.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
318 of 1970.
78/58.
S. Chatterjee for the Respondent.
The Judgment of the Court was delivered by FAZAL ALI, J. This appeal by certificate granted under Art.
133 of the Constitution is directed against a Division Bench judgment dated July 31, 1969 of the Orissa High Court and arises in the following circumstances.
K. Chatterjee and Rathin Dass for the Appellant.
Hence, this appeal by certificate before us.
