(1.) This is a plaintiff's second appeal against a decree of the lower appellate Court dismissing his claim. The; plaintiff's claim was for possession of certain property together with mesne profits, and the Court of first instance, whilst refusing to give him any mesne profits, decreed his claim for possession. On appeal, however, the learned District Judge of Saharanpur reversed the decision of the trial Court and dismissed the plaintiff's claim: hence the present appeal.
(2.) The claim was for the possession of a piece of land which had been purchased in the following circumstances The plaintiff's father, Rai Saheb Sheo Nath, was a social reformer and a man of a religious turn of mind. It appears that he and Pandit Deo Ratan Sharma had become very friendly and had discussed a project of erecting in Dehra Dun a home for the training of Hindu religious reformers. In order to make the building of this home possible the plaintiff's father agreed that he would purchase property upon which this home was to. be built, and in due course he did purchase some land from the Bhagwan Das Bank and instructed the Bank to make out the transfer in the name of Pandit Deo Ratan Sharma in his capacity as a Secretary of the Hindu Dharam Sewak. Mandal.
(3.) It is unnecessary to discuss at length the precise circumstances in which this transaction took place, and it is sufficient shortly to refer to the findings of the lower appellate Court. The lower appellate Court held that this land was conveyed to Deo Ratan Sharma, as Secretary of the Hindu Dharam Sewak Mandal, in pursuance of the plaintiff's father's object of providing an Ashram at Dehra Dun to be known as the Hindu Dharam Sadan. It was in evidence that the plaintiff's father had prepared a draft in consultation with Pandit Deo Ratan Sharma setting out the objects of this Ashram, though the latter denied that he was consulted in the drafting of such document. However, upon the evidence the learned District Judge did find that the land was conveyed to Pandit Deo Ratan Sharma, as Secretary of the Hindu Dharam Sewak Mandal, for the purpose of being used as the site of an Ashram for the training of young Hindu religious reformers. It has been urged before us that there is no specific finding to that effect, but in our view upon a fair reading of the judgment it is clear that the learned District Judge did so hold. He sets out the facts as found by him and later refers to the trust which was created by the transfer of the property in the manner indicated above. The whole judgment proceeds upon the basis that the land was purchased by the plaintiff's father and transferred to the Hindu Dharam Sewak Mandal for the express purpose of providing a site for the Ashram the foundation of which had been discussed between the parties. The intention with which this gift was made is a question of fact which cannot be challenged in this Court.