( 1 ) THIS is an appeal by the Government of the State of Uttar Pradesh against the decree of the learned Civil Judge Farrukhabad directing the Government to refund a sum of Rs. 500/-which was donated by the plaintiff respondent M/s Sham Sunder Lal Ram Charan in the year 1945. The facts are these : In March 1945 several meetings Were held in Farrukhabad under the authority of the District Magistrate at which an appeal was made to the public to subscribe to a fund for the erection of a womens hospital at Chhibramau. The plaintiff firm contributed a sum of Rs. 500/-towards this fund and paid the amount in cash on 1st June, 1945. It was alleged by the firm that subsequently they came to know that the scheme for the construction of the hospital had been abandoned. Thereupon it wrote to the government asking for the refund of their money which had been donated according to them on the express understanding that it would be utilised for the purpose of erecting a a hospital. On 6th April, 1946, the District Magistrate sent a reply that the plaintiffs subscription was voluntary, that the amount paid by him had been credited to "his Excellencys War Purposes Fund" and that "