Judgement

RAMASWAMI, J. : This appeal is brought by a certificate on behalf of the plaintiff against the judgment and decree of the Orissa High Court, dated November 22, 1961.

2. In the suit which is the subject-matter of this appeal the plaintiff alleged that his ancestor - Dayanidhi Mahapatra - constructed a temple out of his own funds and established a family deity and made endowments for the maintenance of Seba-Puja of the deity. After the death of Dayanidhi the plaintiff became the Manager and Shebait of the family deity. The case of the plaintiff was that the temple and the endowments were never dedicated to the public nor had the public any kind of right in the temple or the endowed properties, but that respondent No. 1, acting under the provisions of S. 49 of the Orissa Hindu Religious Endowment Act (hereinafter referred to as the Act ) realised a sum of Rs. 386 as the annual contribution from the plaintiff. Consequently Sri Baman Mahapatra filed an application under S. 64 (1) of the Act for a declaration that the temple in question was a private one and did not fall within the purview of the Act. On November 1, 1953, respondent No. 1 rejected the contention of the plaintiff