JUDGMENT

Mr. Anil Kshetarpal, J.:- By this judgment, Regular Second Appeal Nos.2637 and 2638 of 2008 shall stand disposed of as two suits filed by late Shri Pritam Dass, one for possession and second for permanent injunction were disposed by the learned trial court as well as by the learned first appellate court by consolidated judgments. The property in dispute in both the cases is common and by and large parties are also same. Counsels representing the parties are also agreed that these appeals can conveniently be disposed of by a common judgment.

2. Defendant no.1-appellant, a Managing Committee of a society is in the regular second appeal against the concurrent findings of fact arrived at by both the courts below, decreeing the suit filed by respondent no.1-plaintiff for possession as well as for permanent injunction. In the considered view of this court following substantial question of law arise for determination:-

“Whether a gift of property for construction of Dharamshala (place for shelter of religious tourists) along with the agricultural land for ensuring regular supply of the food for religious tourists coming to stay therein under the management of a particular Sadhu (