AVADH BEHARI ROHATGI, J. - (1.)Many, years ago there lived a man called Ganga Sahai in village Bhartal near Delhi. He owned much land in the village. In 1913 he purchased land bearing. Khasra No. 1177 from Ranjit and Ram Singh, sons of Gulab Singh. They were the predecessors-in-interest of the present respondents 2 to 5 to this appeal. This land Ganga Sahai purchased without share in shamlet deh. In revenue record he got mutation effected in his name. Ganga Sahai had no son. He, therefore, gifted the land to his daughter's son, Ram Sarup, the present appellant in 1928. This he did by means of a registered gift deed dated 15-3-1928. Mutation was accordingly effected in favour of Ram Sarup. On this land admeasursing 13 bighas-7 biswas Ganga Sahai had built a dharamshala, a well and a piao.
(2.)On 29tb May, 1932 before a gathering of the people of the village Ganga Sahai's daughter Mst. Khem Kaur, on behalf of her minor son, the present appellant, made a statement that there was no dharamshala in village Bhartal and, therefore, he, the appellant, dedicates the land, dharamshala, well, khel and kotha for the benefit of the public. Ram Sarup appeared before as. He told us he is now 68 years of age. In 1932 he was a boy of 15 or 16 years. Therefore, on his behalf, the mother made the statement dedicating the land and the building of dharamshala to the use of the public. This is what appears from the mutation entry No. 413 (Ex. A-14) dated 29-5-1932. There is a further entry by the Revenue Officer where he says that the construction of dharamshala, well, khel kotha is complete and the Piao, which is most needed at this spot. is properly functioning. Then the Revenue Officer goes on to say "Because this act has been done for the welfare of the public and donor (Ram Sarup) belongs to Jat caste and is an a"riculturist and dedicates the land to Dharamshala, a non-agriculturist, therefore, mutation be sent to the Deputy Commissioner for sanction." This shows that the dharamshala was retarded as an abstract person, a non-agriculturist. for purposes of chrarity. The Deputy commissoner sanctioned the mutation on 14-6-1932.
(3.)In 1941 there was a consolidation of land in this village. The old Khasra No. 1117 was converted into Khasra No. 539 measuring 13 bighas-7 biswas. In 1954 the Delhi Land Reforms Act came into force. In exercise of his powers under section 2(c) of the Act the Chief Commissioner exempted this land from the operation of the Delhi Land Reforms Act in August, 1957.