JUDGMENT :

S.C. Mohapatra, J. - Non-applicant in an application u/s 41 of the Orissa Hindu Religious Endowments Act, 1951 (In short 'the Act') is the Appellant in this appeal u/s 44(2) of the Act.

2. The Respondent claimed the institution to be a public religious institution having no hereditary trustee. The Appellant challenged the application claiming that it is the family institution where he is the hereditary trustee. The Assistant Commissioner of Endowments held that it is a public religious institution without any hereditary trustee, which was confirmed in appeal by the Deputy Commissioner. In M.A. No. 39 of 1979, the order of the appellate court was set aside by this Court and the matter was remitted back for consideration by the first appellate court on the points indicated therein. This appeal has been filed by the non-applicant assailing the appellate order after remand.

3. Unless it is admitted, the duty of the statutory authorities under the Act would be first to consider the character of the institution. A religious institution may either be a math or a temple. The considerations that would weigh with the authorities would, therefore, depend upon the character of the inst