JUDGMENT :

Dr. A.K. Rath, J.

This is an appeal against the judgment and decree dated 28.02.2014 and 14.03.2014 respectively passed by the learned District Judge, Keonjhar in R.F.A. No. 59 of 2011 confirming the judgment and decree dated 08.11.11 and 24.11.11 respectively passed by the learned Civil Judge (Sr. Divin.), Keonjhar in C.S. No. 125 of 2008.

2. The respondent as plaintiff instituted the suit for permanent injunction. The case of the plaintiff is that Sri Sri Balunkeswar Mahesh bije Atopur (Badasasan) is a public deity governed under the Orissa Hindu Religious Endowments Act, 1951. The Executive Officer is looking after the management and affairs of the deity. The suit schedule land belongs to the deity. The defendant has no semblance of right, title and interest over the property of the deity. It proposed to place tents on different parts of the suit land, use the suit land as kalyan mandap and allow different persons to utilize the suit land on different occasions for different purposes and let out the suit land to different business concerns to organize mina bazar by conducting opera show from 28.10.08 on the pretext of observing Kalipuja. The defendant has assessed a huge sum of money for its personal gain.

3. Pursuant to issuance of summons, the defendant entered appearance and filed written statement contending, inter alia, that the suit is not maintainable, bad for non-joinder of necessary parties and noncompliance of mandatory provision of Order 1 Rule 8 C.P.C. The plaintiff has no right, title and interest over the suit land. The ROR issued in favour of the plaintiff is the outcome fraud and mis-representation of facts. The plaintiff was never a public deity. The deity was installed by the Brahmins of Badasasan, Keonjhar and as such it is their private deity. Although on 5.5.1970 it was declared as public deity and taken up by the Commissioner of Endowments, after the intermediary estate vested in the Government on 3.1.1970, no list of property of the deity was furnished or declared. Mere payment of rent or order passed in settlement case no.40/86 cannot bestow any right, title and interest in favour of the deity in respect of the suit property. The Executive Officer is not the representative of the deity. The deity is represented by the Executive Officer, Keonjhar debottar-cum-Sub-Collector, Keonjhar. The present Executive Officer has no locus standi to file the suit. The ROR was published in the year 1981. The suit land was recorded in favour of the State as Patita. Area Ac.0.04 dec. of land appertaining to plot no.370, khata no.137 is recorded as Debighar and the rest part of the suit land in possession of the defendant, which is known as Kalipadia. The Kalitirtha Kalipuja committee was started by the Ex-Ruler of Keonjhar in 1941. Since then the suit land remains under the possession and management of the defendant. The defendant was duly permitted to carry on mina bazar and opera show on 28.10.2008. The defendant has used the suit land for various public purposes, i.e., for the benefit of the general public and state. The further case of the defendant is that the suit land, i.e., Hatiatangar Mouza was given as “Chakada dan” by Ex-Ruler of Keonjhar Estate in the year 1953 at the time of establishment of ‘Badasasan’. The status of the land was accepted as ‘Brahmotor’. The brahmins of Badasasan established Lord Siva and constructed temple of Balunkeswar Mahesh. For seva puja and nitikranti of Lord Balunkeswar Mahesh, the brahmins of Badasasan donated an area Ac.10.50 dec. of land. In 1915 settlement, the total land of Hatiatangar mouza, i.e., area Ac.105.55 dec. was recorded as Debottar Niskar in the name of Balunkeswar Marfat ‘State’. Though the land of Hatiatangar mouza was in sub-judice before the Collector, the plaintiff managed to settle an area Ac.48.61 dec. of land fraudulently under Sec.7-A of the Orissa Estate Abolition Act, 1951 (hereinafter referred as “O.E.A. Act”) in case no.62/85 in Board of Revenu