AGRA DIOCESAN TRUST ASSOCIATION, A COMPANY DULY REGISTERED UNDER THE COMPANIES ACT, 1956 HAVING ITS REGISTERED OFFICE AT ST. PAULS CHURCH COMPOUND, 4/116 Vs. SH. ANIL DAVID S/O SH. SOLOMAN DAVID, R/O N.H.

JUDGEMENT

(1.) Challenge herein is to the judgment and order dated 28.1.2016, rendered by Mr. Mohd. Sultan, Additional District Judge, Vikasnagar, Dehradun, whereby he has rejected the two applications of the appellant/plaintiff. One application was moved requesting the Court that the nature of land, in question, having been shown agricultural sold by one Mr. Anil David to defendant no. 3, while in fact it has the church, school buildings, presbyter house, old church, new church under construction, servant quarters, besides nearly 75 mango trees and 225 other kinds of tress and, therefore, it would be desirable to get the map/pictures verified from the spot and in order to do so, the Civil Court Amin should be asked to make a survey on the spot. Another application was with the prayer that the defendant no. 3, who is a big builder running his business in the name of ATS Buildwell Private Limited, having its head office at New Delhi and hailing from Gurgaon, should be injuncted to change the nature of the land. However, the plaintiff could not find favour of the learned Judge and he rejected both the applications giving free hand to the builder to make any kind of change in the nature of property, in question, in any manner as he may like.

(2.) In the nature, both the suits are identical. The only difference of the varied property which is situated in the same Khata No. 00240 at Mauza Rasulpur, Pargana Pachhwadun, Tehsil Vikasnagar, District Dehradun, but several khasra numbers entailing the different big areas of land are the subject-matter of two different suits. Suit No. 24/2013 pertains to the total land ad measuring 4.367 hectares, while Suit No. 25/2013 concerns to the total land of 2.668 hectares. Thus, the sum total of the land is 7.035 hectares, viz., more than 90 bighas or 17.38 acres equivalent to 84,137.89 square yards or 7,57,241 square feet and such land has now become so dearly significant that though at the outskirts, but it is within the municipal limits of fast growing town Vikasnagar, and this is the reason that both the parties are contesting tooth and nail in order to grab this property for their personal ends. Besides, the controversy which is under adjudication is not only to settle the fate of the property, in question, in both the suits, but it will have the far-reaching ramifications on several other properties situated in different cities of the north India. It has been the cause that even the Court of this level does not feel it safe to say anything decisively at this stage when either of the parties has not availed any opportunity to render their complete evidence and to cross-examine the witnesses of each other on all the scores and documents, which are on the record so far, and without cross-examination of the litigating parties as well as their witnesses, I feel that it is not possible to arrive at the bare truth. However, learned Additional District Judge has ventured which in no manner, whatsoever, is less than final at this preliminary stage, while rendering the judgment, in question. It seems that he was inclined to hear these injunction applications in both the suits, all the same the High Court's order dated 9.5.2013 passed in CLMA No. 4381/2013 was in force, whereby the parties were directed to maintain the status quo at the spot though till decision on injunction application but even so, it would have been increasingly safer to desist from expressing any decisive opinion in the matter and to proceed for the final adjudication of the controversy after rendering both the parties opportunity to adduce their complete evidence including inter se cross-examining of each other. When the orders under appeals are full of so much elaborate disquisitions so that to run in 29 pages, then I feel that nothing remains at the level of the Trial Court to further adjudicate the matter. However, I would like to mention herein below certain necessary facts delving the controversy, sans unnecessary details, and then will pass my orders.

(3.) It has been admitted that the properties, in question, including several other properties worth trillion crores in Uttar Pradesh, were entrusted by the Church Missionary Trust Association Limited, a company duly incorporated in England, to Lucknow Diocesan Trust Association (hereinafter called as 'LDTA') vide two trust deeds dated 24.12.1952 and 2.7.1954. Though the history of all these properties is still centuries old and it, if required, can be excavated from the time of advent of britishers in India, but it would be quite pre-mature for this Court, too, to go in all these details, and more so for the reason, as stated earlier, that the expression of any opinion of this Court will have the heavy impact upon the several litigations prevailing between both the parties and more prominently in Delhi High Court. Few regular suits, pending adjudication in Delhi High Court, can be mentioned below: