K.N. Seth, J. - (1.) A notice under Section 10 (2) of the U. P. Imposition of Ceiling on Land Holdings Act (hereinafter referred to as the Act) was issued to Radha Krishnaji Birajman Mandir. The main stand taken in the objection filed before the Prescribed Authority was that the land was held by the deities under a religious and charitable trust. It was further asserted that Radhaji and Krishna Ji were two separate deities and they were entitled to be treated as separate tenure-holders. The Prescribed Authority rejected the claim. On appeal, the learned Judge held that the endowment in question was for religious and charitable purposes and that no part of the income was for the benefit of the settler or any member of his family. The learned Judge allowed the appeal in part and sent back the case to the Prescribed Authority to determine the surplus area after deciding the question of application of the income of trust property afresh.
(2.) The endowment in question was created by one Sheo Sahai by a registered document dated 5-2-1947 in which Zamindari property held by him was endowed in favour of Radha Krishna Ji Maharaj. Sheo Sahai constituted himself as the first Sarvarakar and after his death his wife Smt. Mathuria was to be the Sarvarakar. No part of the income of the endowment was to be spent on the author of the endowment or the members of his family. Sheo Sahai died in 1950. His wife is also dead. They left behind no issues.
(3.) As noted earlier, the Appellate Authority has recorded a finding that the endowment in question was for religious and charitable purposes and there was no indication that any part of the income was for the benefit of the settler or any other person. The question is whether land covered by the endowment is exempt from consideration in the proceeding under the Act. Section 6 provides:- "6 (1) Notwithstanding anything contained in this Act, land falling in any of the categories mentioned below shall not be taken into consideration for the purposes of determining the ceiling area applicable to, and the surplus land of a tenure-holder, namely - (a) to (e) .................... (f) land held from before the first day of May, 1959, by or under a public religious or charitable waqfs, trust endowment or institution the income from which is wholly utilised for religious or charitable purposes, and not being a waqf, trust or endowment of which the beneficiaries wholly or partly are settlers or members of his family or his descendants; .....................";