The compromise decree passed in the suit of 1949 was found to be illegal and inoperative, and the resolution dated 11-11-91 was also deemed illegal and inoperative. The civil court had no jurisdiction to decide the inter se claim of the parties with regard to apportionment of the offerings made to Lord Lingaraj.

L. MOHAPATRA, J.

( 1 ) ALL three appeals have been filed against a reversing judgment. In second Appeal No. 260 of 2002 the appellant and the respondent No. 10 are the plaintiffs who had filed Title Suit No. 166/91 (1) subsequently re-numbered as Title Suit No. 262/95. Respondents Nos. 7 and 8 in Second Appeal No. 255/2002 who are appellants in Second Appeal No. 268/2002 had filed Title Suit No. 314/91 in the Court of the learned Sub-Judge, Bhubaneswar. Title Suit No. 166/91 by order of this Court was transferred to the Court of the Subjudge, Bhubaneswar to be heard along with title Suit No. 314/91 in Civil Revision No. 272/92 and accordingly the said suit was re-numbered as Title Suit No. 262/95 in the court of the learned Civil Judge (Senior Division), Bhubaneswar. Both the suits were heard together and in a common judgment the suits were decreed in part. Challenging the same defendant Badu Nijog filed two Title appeals and both the appeals having been allowed in a common judgment the aforesaid three Second Appeals have been filed.

( 2 ) TITLE, Suit No. 166/91 (subsequently re-numbered as Title Suit No. 262/95) had been filed in a representative capacity on behalf of Brahmana Nijog Samiti who are sevakas of Lord Lingaraj at Bhubaneswar. The suit had been filed in the Court of the learned Civil Judge (Junior Division), bhubaneswar praying for permanent injunction against the respondents from implementing resolution dated 11-11-1991 of the board of Trustees of the temple of Lord lingaraj thereby resuscitating decree dated 18-1-1951 passed on compromise by the learned Sub-Judge, Purl in O. S. No. 84 of 1949. Title Suit No. 314/91 was filed by pujapanda Sevayat Samiti against Badu nijog in the Court of the learned Civil Judge (Senior Division), Bhubaneswar for declaration that the compromise decree is illegal, invalid, in-operative and is not binding against them and that Trust Board has no right to interfere in sevapuja of Lord lingaraj. It was further prayed for a declaration that the Trust Board has no right to introduce the ticket system and collect money from the pilgrims and the Trust board should be restrained permanently from implementing its resolution dated 11-11-91 and the compromise decree passed in O. S. No. 84 of 1949. From the record it further appears that in O. S. No. 314/91 prayer for injunction having been refused, the matter was carried to this Court in Civil revision No. 272/92 and while disposing of the said revision on 12-3-1993 this Court found that both the suits have more or less similar prayers and accordingly directed transfer of O. S. No. 166/91 from the file of the learned Civil Judge (Junior Division), bhubaneswar to the Court of learned Civil judge (Senior Division), Bhubaneswar and for analogous hearing of both the suits by the learned Civil Judge (Senior Division), bhubaneswar. Accordingly, both the suits were heard together and disposed of in a common judgment.

( 3 ) CASE of the plaintiff in both the suits is that temple of Lord Lingaraj was established by the rulers of Keshari Dynasty who had arranged 36 kinds of Seva pujas of Lord lingaraj by appointing different types of sevaks. The rituals in the temple and the rights of sevaks inter se, vis-a-vis the Lord lingaraj, are regulated by custom and tradition having the force of law. The Sevaks of lord Lingaraj are broadly divided into two categories, i. e. Brahmin Sevakas including pujapandas and the non-brahmin sevaks like Badu Nijog. The Brahmin sevaks excluding the Pujapandas have formed Brahman nijog and the Pujapanda Sevaks have formed pujapanda Nijog and non-Brahmin sevakas have their respective Nijog , one of which is badu Nijog. Pujapandas perform all kinds of worships, beginning from Alati to the final rituals of offering food stuff which is technically called Eadasinghara. These services offered by or at the instance of the worshippers or pilgrims come within the sweep of services rendered by the Brahmin sevakas. The services rendere