JUDGMENT :

Ashok Bhushan, J.

Leave granted.

2. This appeal has been filed questioning the judgment of Allahabad High Court dated 17.01.2017 dismissing the application filed by the appellant under Section 482 Cr.P.C. wherein the orders passed by the Session Judge dated 02.11.2015 rejecting the two applications filed by the appellant under Section 391 Cr.P.C. were challenged.

3. Brief facts of the case, which are necessary to be noted for deciding this appeal are:-

3.1 A Regimental Welfare Trust relating to the Scinde Horse Regiment of Indian Army was registered on 27.06.1959. The Trust owned various immovable properties including agricultural land in Village Bichaie, Phoolpur and Beehat in Tehsil-Bilaspur, District-Rampur. The respondent No.2 was in possession of 50 acres of agricultural land of the trust since 1975 in Village-Bichaie as thekedar. Other agricultural land of the trust in three villages of Tehsil-Bilaspur were given to different persons as thekedar.

3.2 The office of Chairman of the Trust is held by the Commandant of Scinde Horse Regiment. On 18.10.1989, a deed of declaration of trust was executed by the Commandant of the Scinde Horse Regiment claiming it to be a new Trust