Judgement

DAS, J. :- The defendant is the appellant in this second appeal. The suit relates to an institution called Sri Biranchi Narayan Muth at Buguda, Ghumsur Taluk, Ganjam District. As appears from the connected civil Revisions Nos. 159/17 and 8/48 which have been heard with this appeal there appears to be some reasonable doubt whether this institution is a Muth or temple. But so far as this appeal is concerned, it has proceeded on the assumption put forward by the plaintiff in his plaint that it is a Muth. This has not been traversed by the defendant is his written statement. The plaintiffs case is that the defendant is the Mahant of the Muth and that he is his duly constituted Chela and that his residence in the Muth has been made impossible by the wrong conduct of the defendant and that he is denied even food and raiment and that he has had to leave the Muth in 1930. He accordingly asserts a right to be maintained out of the Muth funds and brings the suit against the defendant as the head of the Muth for recovery of maintenance past and future. The suit is of 1934 and has had a chequered career. It was decreed by the then Subordinate Judge of Berhampur in 1936 who held that t