JUDGMENT :

P.C. Misra, J. - This appeal arises out of a suit for declaration of this in respect of the properties mentioned in Schedules A, B and C of the plaint and for a further declaration that the defendants have no right to interfere with the possession of the suit land by the plaintiffs.

2. Defendant No. 1 is the deity Sri Jagannath Swamy situated in village Dhunkapada and is represented by the trustees appointed under the Orissa Hindu Religious Endowment Act (hereinafter referred to as the 'Act'). There was a proceeding u/s 68 of the Act against the plaintiffs and some others for recovery of profession in respect of the several items of properties including the plaint schedule properties. The plaintiffs in the said proceeding took a stand that the said lands were purchased by their father long long back and they have been in khas possession of the said lands for which the provisions of Section 68 of the Act would not be applicable. The Assistant Commissioner of Endowments ultimately allowed the application u/s 68 of the Act directing delivery of symbolical possession with respect to Schedules A, B and C properties. In a revision u/s 9 of the Act the Commissioner of Endowments