JUDGMENT

JASWANT SINGH, J.:— This appeal by special leave which is directed against the judgment and decree dated June, 24, 1974, of the High Court of Orissa at Cuttack reversing the judgment and decree dated September 23, 1970, of the first appellate court which in turn reversed the judgment and decree dated April 10, 1970, of the trial Court relates to the controversy regarding the appellants right to store and sell dry Mahaprasad in the suit premises consisting of two pucca rooms standing on plot No. 167 in `Bihar Bedha (outer compound) of the Hoary Holy public temple of Lord Jagannath Ji in Puri (hereinafter referred to as `the Temple), which to use the language of the illuminating and instructive preamble of Shri Jagannath Temple Act. 1954 (Orissa Act No. 11 of 1955) (hereinafter referred to as `the Act) has ever since its inception been an institution of unique national importance, in which millions of Hindu devotees from regions far and wide have reposed their faith and belief and have regarded it as the epitome of their tradition and culture.

2. The facts giving rise to this appeal are: On August 7, 1969, one Gopal Suar, since deceased who was the father and predecessor-in-i