THAKUR CHARNAR BINDU YOGAL JODI SHRI GOKUL NATHIJI Vs. IIIRD ADDL DISTRICT JUDGE MATHURA

JUDGEMENT

(1.) The petitioners seek writ of certiorari quashing the order dated 22-1-1994, passed by respondent No. 1, allowing the appeal against the order of the Prescribed Authority and rejecting their application filed under Section 21 (1) (a) of U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (in short 'the Act' ).

(2.) PETITIONER No. 1 is the deity known as Thakur Charnar Bindu Yogal Jodi Shri Gokul Nathji Mahraj. Petitioner No. 2 is its Shebait. The deity is the owner of Shops No. 8 and 9 situate in Ballabh Niwas, Jamuna Bridge, Mathura. Respondent No. 3 is the tenant of these shops. An application was filed under Section 21 (1) (a) of the Act by the petitioners of the allegation that the shops were required for opening a charitable hospital in the name of Thakurji which was to be managed by petitioner No. 2, who is an Ayurveda Vaidya duly registered. It was stated that the father of respondent No. 3 was a tenant and after his death, his son, respondent No. 3, joined service and does not require the shop in question.

(3.) SECTION 21 (1) (a) of the Act is in two parts, one, when there is personal requirement of landlord either for residential purpose or business purpose and second, when the requirement is for the trust. Admittedly there is no trust deed. The requirement of accommodation is for the purpose of the deity which is covered by the first part of the Section. The question arises as to whether a property endowed to a deity can be released for charitable purpose in the absence of any trust deed providing for opening a charitable hospital.