Properties held in trust for a public purpose of religious or charitable nature do not fall within the definition of a "verified claim" under Section 2(e) of the Displaced Persons (Compensation and Rehabilitation) Act, 1954, and hence are not eligible for compensation under the Act.

( 1 ) THE facts giving rise to this petition under articles 226 and 227 of the Constitution of India are as follows. The petitioner is one Swami Ganesh Das Ji Udasi. He is the Chella of Swami Harnam Das, the last incumbent of gaddi known as Shri Sadhbella Tirath, Satguru Bankhandi Ashram. This Ashram was situated at Sukkur (Sind) now part of West Pakistan. After the partition of the country, Swami Harnam Das executed the will annexure b to the petition. Whereby he appointed the petitioner as his Chella. This is a registered will and it will be appropriate to notice some of its pertinent provisions. In the opening part of the will, it is stated that-

". . . . . . . . . LEST there should arise disputes regarding the gaddi of Sri Sadhbella Tirath Sukkur and the property attached to it, I make this will, of my own free will, in full possession of senses. . . "there after is the recital regarding a number of wills exacuted by the said Mahant and their revocation by this will. The will then recites that. . . . . . . . . . . . All the Sadhus residing there are under the control and subordination of the Gadesar Mahant Sahib of Shri Sadhebella Tirath Sukkur and the property of Sadhbella Tirath-moveable and immovable thereof and of the abovementioned Asthans and Mandirs etc. is the property of the Gadesar Mahant of Shri Sadhbella Tirath of which the executant is the Gadesar Mahant now and I am the owner of all the property movable and immovable of Shri Sadhbella Tirath Asthans and all the property is in my possession and enjoyment and none else has any right thereto or interest therein. It is also recited that during the life time of the executant, he was to be the owner of the property and no one else was to have any right or interest in it. After his death, his chella

". . . . . . GANESH Das will be entitled to sit on my gaddi of the above mentioned Sadhbella Asthan Sukkur and he will inherit, for his whole life, the property of Sri Sadhbella Tirath Sukkar and of the above mentioned subordinate Asthans and Mandirs that exists this day or comes to light hereafter or that which is acquired hereafter. All this property belongs to S:-i Sadhbella Tirath Asthan After my demise, Bawa Ganesh Das will be entitled to sit on the gaddi of Sri Sadhbella Tirath Sukkur and the above named Ganesh Das will be the owner, possessor and custodian of all the property, moveable and immovable of the above mentioned Asthans and Mandirs etc. during his life time",under clause 13 of the will, it is provided that :-

"after my death no gaddinashin Mahant will have the right to alienate by gift, lease or mortogage the existing immoveable property of Shri Sadhbella or that which might be acquired later". Right of alienation is conferred under very limited circumstances and that too for purposes of the institution.

( 2 ) CLAUSE 16 of which, there has been a lot of argument before me reads thus-

"after my death he who succeeds as, above or any other person will have no right to appoint trustees or Amins for the property or the administration of Sri Sadhbella or to take decision tharefor. But if any one would act to the contrary, it will not operate, in any case. The righful claimant will have the right to administer Sri Sadhbella Tirath Sukkur but will have no power to appoint trustees or Amins or to take decision aboat or to effect sale". After, clause 17, the whole of the property is mentioned and thereafter the executant has put his signatures to the will. ;

( 3 ) DUE to the exigencies of the partition,. the Mahant, that is, Swami Harnam Das moved to India and settled in Banaras, where he died in 1949 and thereafter, the present petitioner succeded to the gaddi in accordance with the will annexure b tothis petition. The petitioner applied for registration of his claim under the Displaced Persons (Claims) Act, 1950 and that claim was duly registered with regard to the properties specified in the will. The total value of the property four which the