Judgment

RAGHUBAR DAYAL, J. : This appeal by special leave is against the judgment and decree of the Orissa High Court, confirming the judgment and decree of the Additional Subordinate Judge, Puri, dismissing the suit instituted by Mahant Gadadhar Ramanuj Das, represented after his death by Mahant Srinivas Ramanuj Das, for the setting aside of the decision of the Commissioner of Endowments, dated July 20, 1946, under S. 64 (1) of the Orissa Hindu Religious Endowments Act, 1939 (Act IV of 1939), hereinafter called the Act, and for a declaration that the Act did not apply to the properties described in Schedules Ka, Kha and Ga of the plaint.

2. The allegations in the plaint are as follows. The premises on which the residential quarters of the plaintiff existed was said to be popularly known as (i) Srinivas Kote; (ii) Rajagopal Math; (iii) Emar Math, according to the names of the different ancestors of the plaintiff, Srinivasachari, Rajagopalachari and Embarachari. It was alleged that these premises, though known as Emar Math was not a math as defined in the Act. The public had no free access to its premises and had no right of entry or worship of the deity installed therein. Embarach