SWAMI SHANKRA NAND Vs. MAHANT SRI SADGURU SARNANAND

JUDGEMENT

(1.) P. C. Verma This First appeal has been preferred against the judgment and decree dated 13-10-1992, passed by Addl. District Judge, Haridwar, in Original Suit No. 5/1991 and Misc. Case No. 41/1990, whereby the Misc. Case filed U/s 34 In dian Trust Act was rejected and the O. S. No. 5/1991 filed U/s 92 of the C. P. C. for permission to sell the property in suit was allowed.

(2.) BRIEF facts giving rise to the present appeal are that on 2-7-1990 Mahant Satguru Sarananand and Math Garhwa Ghat filed an application U/s 34 of Indian Trust Act 1882 which was numbered as Misc. Case No. 41/1990 on the assertion that Math Garhwa Ghat is a registered Trust and Mahant Satguru Sarananand is the sole Mahant of the Trust. The Math has its moveable and immovable properties at Mirzapur, Banaras and Haridwar and the land at Haridwar is a barren land and the Trust has no any benefit from it hence Mahant Satguru Sarananand has in tended to sell the said land of the Trust to one Sri Ved Mata Gayatri Trust Shantikunj, Haridwar for a considera tion of Rs. 35,50,000/ -. It was also al leged that the Trust will purchase 21. 20 acres of land in Village Jogiwala, Dis trict Dehradun for establishment of Ashrama of the Math. Therefore, permission was sought to sell the property of the Trust situated at Haridwar.

(3.) NOTICE of the case was published in local Newspaper for information of public at large and proceeding of drum beating was also got done in the area but no one has come forward to file any objection in the matter.