SATYAGAYAN NIKATAN THROUGH KAASHI NAAGAREE PRACHAARINI SABHA Vs. SWAMI SHIVSHANKARGERI CHELLA SWAMI SIDDHANAND

JUDGEMENT

(1.) Since both the civil revisions arise out against the common order dated 12.11.2008, passed by District Judge Haridwar in Misc. Case No. 23/2004 and Misc. Case No. 7/2006, therefore, they are being decided by this judgment.

(2.) Briefly stated the facts of the case, giving rise to these revisions, are that Sri Mukun Ram and Sri Krit Ram filed an application No. 23/2004 U/S 92 C.P.C. and Swami Shiv Shankar Giri and Sri Lalit Singh filed an application No. 7/2006, U/S 92 C.P.C. for obtaining permission to file a suit in connection with same property. The ground taken in the above applications was that the grand father of applicant Shiv Kumar Singh, Pt. Ram Narain Mishra and Dr. Shyam Sunder Dass were the founder member of Kashi Nagri Pracharini Sabha for the publicity and development of Hindi Language. It was registered under the Society Registration Act, 1860. It s head office is situated at Banaras. One Swami Sri Satya Dev purchased some land in the year 1936 and constructed a building. On 30.11.1940 he waqfed the disputed property to Kashi Nagari Pracharini Sabha (hereinafter referred as the Pracharini Sabha ) on the condition that the 2 Pracharini Sabha will not have a right to mortgage or sale the property. The property was waqfed for the development and publicity of Hindi Language in the western India and to establish a center for publicity of Hindi. There was also recital in the deed to establish a Library and to start a Bhyakhan Mala etc. The property shall be managed by the sub-committee constituted by Pracharini Sabha.

(3.) It was further alleged that the opposite parties Pracharini Sabha are not taking any interest for the purpose for which the property was dedicated. On the other hand the applicants have an interest in the development of the said property as well as Hindi Language. Their object is to fulfill the spirit of the deed.