Judgement

R. N. MISRA, J. :- This Letters Patent Appeal is directed against the judgment in a Second Appeal disposed of by Barman, J., as he then was. When this appeal came before a Division Bench for hearing, the correctness of an earlier Division Bench judgment of this Court in ILR (1963) Cut 817 : (AIR 1965 Orissa 76) (Nabaghana Samal v. Bhagawata Gossain,) was doubted and the vires of Section 73 (2) of the Orissa Hindu Religious Endowments Act (2 of 1952) (hereinafter referred to as the Act) was questioned.

2. The Division Bench thereupon referred the appeal to be heard by a Full Bench under Rule 2, Chapter V. Part II of the Rules of the Court. It also formulated four points to be determined by the Full Bench. The points referred are the following :-

(1) Whether the expression trustee appointed under the Act in sub-section (2) of Section 73 of the Orissa Hindu Religious Endowments Act, 1951 includes all kinds of trustees, hereditary and non-hereditary, or whether it is confined to non-hereditary trustees;

(2) If sub-section (2) of Section 73 of the Act is confined only to non-hereditary trustee appointed under the Act, as has been found in ILR (1963) Cut 817 : (AIR 1965 Orissa 76),