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The plaintiff instituted a suit for obtaining refund of the money on the ground that the specific purpose for which it was given had failed. The Suit was dismissed by the Subordinate Judge, but the Chief Court reversed the decision holding that the gift was for a particular institution conditional upon its coming into existence and not one for the general uplift of the Kshatriya community. The learned Judge further expressed the opinion that the doctrine of cy pres is applicable only in wills and not in deeds. Further reliance was placed on Harish Chandra v. Hindu Dharm Sewak Mandal, ILR 58 All 687: (AIR 1936 All 197). Here a gift was made of certain land to the Secretary of the Hindu Dharam Sewak Mandal for the express purpose of being used as the site of an Ashram to he built for imparting training to young Hindu religious reformers.

For several years the Mandal did nothing in the way of building the Ashram and ultimately the Mandal ceased to exist having been absorbed by the Hindu Maha Sabha. After the death of the donor his sons sued to recover the land. It was held that as the land was given for a specific purpose and for a specific purpose only, it was a conditional gift and it became a nullity as soon as the performance of the condition was rendered impossible. The learned Judge found that there was no general charitable intention in the case and therefore held that the trust could not be executed cy pres by allowing the Hindu Maha Sabha to build an Ashram on the land.