BABA RAM NIWAS Vs. UNION OF INDIA

JUDGEMENT

(1.) Through this writ petition, filed under Article 227 of the Constitution of India, the petitioner prays for the following substantive reliefs:

(2.) It would be noted here that rights of the petitioner herein vis-a-vis respondent No.5-Trust has already been finally decided in a civil litigation. Respondent No.5 filed a suit for mandatory injunction to hand over the vacant possession of the religious and charitable property along with directions to render the accounts against Baba Gopal Dass. The aforesaid civil suit was partly decreed qua rendition of accounts by the trial Court on 02.09.1993. However, the first appeal, filed by respondent No.5, was accepted on 03.05.1997. Thus, the directions were issued to Baba Gopal Dass to hand over the vacant possession. A regular second appeal No. 2263 of 1997 was filed and admitted. Baba Gopal Dass died during the pendency of the suit and Baba Ram Niwas-the petitioner herein was impleaded in place of Baba Gopal Dass. Against the aforesaid order, Civil Appeal No. 9638 of 2003 was filed and the Supreme Court held that the Court would decide the rights of Baba Ram Niwas independently as Baba Gopal Dass was only a Sewadar.

(3.) The regular Second appeal was decided on 18.07.2016 with a finding that Baba Ram Niwas cannot be considered to be the Manager of the Trust and hence, has no right, title or interest in the property. However, the appeal was partly accepted and consequently, the suit filed by respondent No.5 qua handing over the vacant possession was ordered to be dismissed. Against the aforesaid judgment, the Supreme Court while deciding Civil Appeal No. 724 of 2020 on 31.01.2020 has reversed the judgment of the High Court qua handing over the vacant possession against Baba Gopal Dass. Thus, the Trust has been held to be entitled to possession. It has been held that Baba Ram Niwas is only a member of the public who can offer his services in place of Baba Gopal Dass. The finding arrived at by the Supreme Court is extracted as under: