PANIGRAHI, J.

( 1 ) THESE two consolidated appeals arise out of two suits tried together by the subordinate Judge, Cuttack, and are covered by the same judgment. Title Suit no. 32 of 1944 was filed by Ganesh Prasad Bhagat and others (hereinafter referred to as the plaintiffs) against the appellant, as representing the public, for a declaration that the suit temple of Baldev Jieu and the endowments connected therewith, in Jaginipur Zamindari, are the private 'devotter' properties of the plaintiffs and thati the order passed by the Commissioner of hindu Religious Endowments, under Sub-section (2) of Section 64 of the Orissa hindu Religious Endowments Act. 1939 (Orissa Act IV (4) of 1939) declaring the said temple to be an "excepted temple" Is wrong. Title Suit No. 11 of 1945 is a representative suit filed by Balakrushna Kar, the appellant before us, on behalf of the general public, against the Bhagatas, plaintiffs in Title Suit No. 32 of 1944, for a declaration that the suit temple and its endowments are the public endowments, and that the order of tile commissioner declaring the temple to be an "exempted temple" is erroneous and should be set aside. In both the suits, the main ques