P. K. MISRA, J.

( 1 ) BOTH these writ applications raise similar questions of law and fact and have been heard together and are being disposed of by this common order.

( 2 ) THE property involved in the present case admittedly belonged to Lingaraj Temple. Bhubaneswar. In the year 1937, the then Trust board decided to lease out the disputed property in favour of one Dr. Ramendu Ray after receiving Salami of Rs. 250a. Thereafter, though a formal lease was not executed, ramendu Ray continued to remain in possession of the disputed property on payment of rent. After demise of Dr. Ramendu Ray, his widow Bibhabati continued to remain in possession. In the year 1970. an application was filed under Section 68 of the Orissa Hindu Religious endowments Act (hereinafter referred to as the "act") against Bibhabati challenging the lease as illegal and seeking for recovery of possession under Section 68 of the Act. The application was registered as O. A. No. 66 of 1970. Though the Assistant Commissioner of Endowments allowed the application for recovery of possession, the Commissioner of Endowments in Revision Case No. 6 of 1971 set aside the order of the Assistant Commissioner by judgment date