HONBLE MANOJ KUMAR GUPTA,J. - (1.) The petitioner has called in question an order dated 19.12.2016 by Additional District Judge, Court No.6, Kanpur Nagar in Misc. Case No.123/70/2016, whereby permission has been granted to respondent no.2, Managing Trustee and Sarvarakar of Shri Dwarikadhish Temple to execute assignment/transfer deed in respect of a trust property in favour of respondent no.1.
(2.) Shri Dwarikadhish Temple Trust is a public charitable trust and respondent no.2 is the Managing Trustee and Sarvarakar of the trust. The trust was owner of perpetual lease hold rights of premises no.364 Harrisganj, Kanpuar having an area 12315 sq. meters. An application was filed by respondent no.2 in his capacity as Managing Trustee and Sarvarakar of Shri Dwarikadhish Temple Trust under Section 7 of the Charitable and Religious Trusts Act, 1920 (hereinafter referred to as 'the Act') seeking permission of the court to execute and register assignment/transfer deed in respect of the said property for a total sale consideration of Rs.18,00,00,000/-in favour of respondent no.1. It was alleged in the application that the said premises was not yielding any income, rather a huge amount was being spent on its maintenance and up-keep and to save it from encroachments; that it was in occupation of tenants and some part of it had also been encroached upon; that 25% of the total area of the said property was covered by a tank, 23 feet in depth; that there exists a temple in the said premises known as Sewa Ramji Singhaniya Temple and the Trust was finding it difficult to maintain the temple because of paucity of funds; that respondent no.1 approached the Trust vide its letter dated 10.6.2014 to acquire perpetual lease hold rights for Rs.18,00,00,000/- and also offered to maintain the temple at its own expenses; that the Trust, after due deliberation, agreed to accept the offer, as it was found beneficial to the interest of the Trust and as the price offered was above the prevailing market rate. A meeting of the Trust Committee was held on 15.10.2015 in which the offer was formally accepted. In pursuance thereof, a registered agreement was executed by the Trust in favour of respondent no.1 containing the rights and obligations of the respective parties.
(3.) The court, upon receipt of the application, issued public notice in leading newspapers of the area. The petitioner entered appearance in the proceedings pending before the District Judge and raised objection to the proposal of the Trust to transfer lease hold rights of the property in favour of respondent no.1. The petitioner offered to purchase the lease hold rights in the property for a sum of Rs.20,00,00,000/-. The court, after considering the objections filed by the petitioner, allowed the application and granted permission to transfer the lease hold rights in the property in favour of respondent no.1 or its nominee subject to payment of a consideration of Rs.20,00,00,000/- by respondent no.1. The order further stipulates that in case respondent no.1 fails to pay Rs.20,00,00,000/-, the Trust shall transfer the property in favour of the petitioner for the same amount. The court, in order to protect the interest of the Trust, also imposed a condition that the entire sale consideration would be invested in FDR of Nationalized Bank which would remain in the custody of the court and withdrawal of money therefrom would require prior approval of the court.;