- (1.) P. C. Verma This First appeal has been preferred against the judgment and decree dated 13-10-1992, passed by Addl. District Judge, Haridwar, in Original Suit No. 5/1991 and Misc. Case No. 41/1990, whereby the Misc. Case filed U/s 34 In dian Trust Act was rejected and the O. S. No. 5/1991 filed U/s 92 of the C. P. C. for permission to sell the property in suit was allowed.
(2.) BRIEF facts giving rise to the present appeal are that on 2-7-1990 Mahant Satguru Sarananand and Math Garhwa Ghat filed an application U/s 34 of Indian Trust Act 1882 which was numbered as Misc. Case No. 41/1990 on the assertion that Math Garhwa Ghat is a registered Trust and Mahant Satguru Sarananand is the sole Mahant of the Trust. The Math has its moveable and immovable properties at Mirzapur, Banaras and Haridwar and the land at Haridwar is a barren land and the Trust has no any benefit from it hence Mahant Satguru Sarananand has in tended to sell the said land of the Trust to one Sri Ved Mata Gayatri Trust Shantikunj, Haridwar for a considera tion of Rs. 35,50,000/ -. It was also al leged that the Trust will purchase 21. 20 acres of land in Village Jogiwala, Dis trict Dehradun for establishment of Ashrama of the Math. Therefore, permission was sought to sell the property of the Trust situated at Haridwar. On 29-5-1991 Mahant Satguru Sarananand and Swami Hardarshana Nand, Chela of Mahat Satguru Sarananand filed an application U/s 92 C. P. C. which was numbered as O. S. No. 5/1991 seeking direction of the Court for the administration of Math Garhwa Ghat Trust and its authority for sale of property of the Math situated at Village Bhopatwala Kalan, District Haridwar. It was alleged in the application that a public charitable and religious trust, known as Math Garhwa Ghat was es tablished long ago by ancestor Guru of Mahant Sri Satguru Sarananand, and the main objects of the Trust were to propagate the principles and teachings of Sant Math amongst the public in general; to serve the Sadhu Sanyasies; to look after the economic and spiritual welfare of the public at large and to make suitable arrangements of the foods and abode for Sadhu Sanayasies in general. The objects and aims of the Trust have been described in detail in the Trust Deed dated 29-10-1958 ex ecuted by Mahant Har Seva Nandji, one of the ancestor Guru of the Plaintiffs. The Plaintiff Mahant Sri Satguru Sarnanand is the sole surviving trustee of the aforesaid Trust and Plaintiff No. 2 Swami Hardarshana Nand (since de ceased) was the Manager of the prop erties of the Trust in the District of Haridwar and therefore both the plaintiffs are persons who have much inter est in the aforesaid Trust. It was also alleged that it has been experienced by the Plaintiffs that in Haridwar area there are a large number of charitable and religious institutions who are carrying on activities almost akin to those of the above named Trust and keeping the activities of the afore said Trust confined to the area of Haridwar, would not be doing much good to the aims of the aforesaid Trust, so it has been considered better to ex tend the activities of the Trust to an area where it is most needed in the present circumstances and it was de cided to shift the venue of such activi ties to areas situated in the District Dehradun, where till now no suitable charitable and religious institution has been established any Ashram. To estab lish Ashram at the new place sufficient land and large funds are required and at present the Trust does not have suf ficient liquidated funds at its command. In the aforesaid circumstances permission to sell the land detailed in the Schedule attached with the application was sought. It was also alleged in the application that an other public chari table and religious Trust known as "ved Mata Gayatri Trust", Shanti Kunj Haridwar has its Ashram and other properties just adjoining to the afore said land, and the trustees of the said Trust needed the land for some similar charitable purposes so they have of fered a very handsome price for the purchase of the land amounting to Rs. 35,50,000/- and no better offer of price can be made by anyone else for the said land. It was also alleged that a very suitable land situated in village Jogiwala in District Dehradun at a rea sonable price amounting to Rs. 25,50,000/- is available for establishment of Trust. The land so proposed to be purchased also includes house etc. existing there on and the balance amount of Rs. 10,00,000/- shall be uti lized for establishing a suitable Ashram and for other purposes of the Trust and for no other purpose. In the Schedule of property details of property has been given, the approximate area of which is 89,365. 75 Sq. Ft. pertaining to plot Nos. 62/2mm 63/2nm 63/2m 64/1 etc, sitate in Village Bhopatwala Kalan Pargana Jwalapur Tehsil and District Haridwar. The trial court consolidated the Misc. Case No. 41/1990 and O. S. No. 5/1991 for hearing and disposal.
(3.) NOTICE of the case was published in local Newspaper for information of public at large and proceeding of drum beating was also got done in the area but no one has come forward to file any objection in the matter. The trial court after hearing learned counsel and perusing the docu ments on record rejected the applica tion Misc. Case No. 41/90 on the ground that Math Garhwa Ghat is a public religious and charitable Trust hence the provisions of Section 34 In dian Trust Act do not apply on its prop erty, but the provisions of Section 92 C. P. C. will be applicable on the prop erty of the Trust and accordingly al lowed the O. S. No. 5/91 and Mahant Satguru Sarananand and Swami Hardarshana Nand were permitted to sell the property in question to Ved Mata Trust Shantikunj Haridwar on the terms and conditions of the agreement for a consideration of Rs. 35,50,000/ -. It was also directed that out of the sale consideration, Rs. 25,50,000/- will be spent on the land to be purchased by the Math in Village Jogiwala, Dehradun and balance sum of Rs. 10,00,000/- will be spent for the welfare of Plaintiffs' Math with the prior permission of the Court and the account of the expendi ture will be produced in the court within one month.;