JUDGMENT

Rajendra Babu, J.-The respondents made a claim in respect of an institution Sri Sidha Baladev Jew, Bie-Sodharpur, P.O. Baku in the district of Puri; that the said institution had been established by some unknown founder the origin of which had been lost in antiquity and the institution has all along been treated as a public religious institution; that the respondents ancestors were entrusted with the management of all the affairs of the said institution including seva-puja of the deity and possessing all the lands of the deity and such right of maintaining the institution was inherited by their heirs; that they have been rendering seva-puja to the deity as marfatdars without any intervention at any time whatsoever and therefore are in possession of all the properties of the deity, paying rents to the authorities in respect of the landed properties and from out of the usufruct received from the landed properties by their ancestors; that no property has been separately set apart and given to the marfatdars to be enjoyed by them in lieu of their service; that such right of inheriting the office of marfatdarship has been in practice since the time of the founder and is regulat