K.C.AGRAWAL,J. - (1.) FIVE applications under Section 21 (1) (a) and (b) of U. P. Act No. XIII of 1972 were filed by the Jat Dharamshala, Hardwar, through Surja Ram Turad, Mukhtar-i-am of the trustees of the said Jat Dharamshala (hereinafter referred to as 'the Dharamshala'). Apart from the Dharamshala, four others who claimed themselves to be the trustees also joined the filing of the applications. The Dharamshala claimed that respondents nos. 4, 5 and 6 established the Dharamshala at Upper Road Hardwar, for the purpose of being used by the members of the public as a Dharamshala, and that since then it was managed by Surja Ram Turad as the Mukhtar-i-am of the trustees. The Dharamshala claimed that the building in question was more than hundred years old, and that it was in a bad condition. It was claimed that the reconstruction of the Dharamshala had become a necessity and in the present form the building could not be used for a long period. The Dharamshala also asserted that the trustees intended to provide modern amenities and, therefore, they got a plan for the construction of the Dharam­shala sanctioned by the Nagar Palika, Hardwar, and also prepared an estimate of cost which would have been needed in the reconstruction. The Dharamshala alleged that for reconstructing the building it was necessary to get possession of the shops in the occupation of Nihal Singh, Vishnu Datt, Brahm Datt, Dharam Chand Rajpal and Harish Chand. As there were five tenants, the Dharamshala filed five applications under Section 21 (1) (a) and (b) of the Act.
(2.) THESE five applications were contested by the tenants, mentioned above. All the tenants asserted that the need of the Dharamshala was not genuine and bona fide, and further that the Dharamshala was not a public charitable trust, and hence the applications filed by it were not maintainable. Each one of the five tenants pleaded his personal hardship in defence of the application. Both the parties adduced evidence in support of their respective cases. The Prescribed Authority found that the need of the Dharamshala was bona fide, and hence allowed the application under Section 21 (1) (a) of the Act. The Prescribed Authority did not grant the prayer made under Clause (b) of Sub-section (1) of Section 21. Aggrieved by the judgment of the Prescribed Authority, five appeals were preferred before the District Judge. The Additional District Judge disposed of these five appeals by the impugned judgment. Hence five writ petitions.
(3.) THE first contention raised on behalf of the tenants was that the Dharam-shala was not a public charitable trust, hence the applications filed by it were not maintainable. This plea had been raised on behalf of the petitioners in the appeals as well. The plea was repelled, and the learned Additional District Judge found that the building of the Dharamshala was being used for public purposes, viz. for staying of the pilgrims without any distinction of castes and creed. To support its case that the Dharamshala filed a number of documents. Some of these documents may be mentioned to show that the argument advanced on behalf of the tenants has no substance. One of these was a copy of the sale deed Ext. Although which the building of the Dharamshala was purchased. The recitals of the sale deed would show that the building was purchased for establishing a public Dharamshala, Hardwar. The scheme of administration of the Dharamshala was also filed, which was Exhibit A-14. It was subsequently got registered under the Registration Act. The registration certificate filed was Ext. A-15. Apart from these documentary evidence, the, Dharamshala filed the affidavits of Phusa Ram, Khet Pal, Surja Ram and Dr. Dharampal to show that the building of the Dharamshala was being used for public purposes and for staying of pilgrims without any distinction. The register maintained by the Dharamshala was also produced to show that the pilgrims used to come and stay in it. The evidence thus filed on behalf of the Dharamshala fully established that the Jat Dharamshala was a public charit­able trust.;