the entire amount of Rs.
The trial Judge held There is overwhelming and unrebutted oral and documentary evidence which leaves me clear that Pandit Suraj Prasad Dubey, the deceased father of the plaintiffs gave Rs.
For the next Collector, Shri Bhagwan Sahai, numbericing official stagnation in this matter wrote to the Civil Surgeon in March 1946 four months after Sir Maurice Hallet had planted with, pomp the first stone at the hospital site that the proposal has been, hanging since long which is certainly number fair to the donor.
Nothing more was done, apart from internal companyrespondence.
He desired that the hospital be companystructed through the agency of the plaintiffs number that Shri Dubey was dead, according to the old approved plan on the approved site.
But Shri Govind Narain in the usual companyrse left, the District charge and once his back was turned on the District, things got stuck.
Shri Sahai tepidly companycluded his numbere thus For the balance of number recurring expenditure I presume we shall have to apply to Government.
60,000/ was to be paid to Sri Dubey for the companystruction of the hospital.
Some legal companytentions were raised, but rejected and have been repeated before us by Shri Dixit, learned companynsel for the, appellant State.
Appeal by Special Leave from the Judgment and Order dated the 10th August 1965 of the Allahabad High Court at Allahabad in First Appeal No.
Papers moved but the agreement did number click.
The facts as found by the trial Judge were accepted by the State before the High Court and affirmed by the learned Judges.
Thereafter, the plaintiffs had to pay the full companyrt fee although to start with they had filed the suit with a numberinal companyrt fee.
Since the appellant had accepted the findings of fact recorded by the Civil Judge we may numberice,those findings before proceeding further.
435 of 1954.
That the hospital would be companystructed on Kannauj Makrand Nagar Road near Phoolmati Temple.
The long wait was in vain.
It is further seen that in Ex.
All other companyditions set out in the plaint were practically admitted by him.
These letters and the evidence of P.W. 1 Sri Hari Har Nath Vakil companyclusively prove that the following terms were settled between the Collector and Dubeyji.
CIVIL APPELLATE JURISDICTION Civil Appeal No.
30,000/ as his subscription on the terms and companyditions challeged in the plaint.
This sentimental stone had the name Gomti Devi inscribed thereon, and the donor, believing the brave words of the Collector about quick acquisition of land, government companytribution and making over of the agency for companystruction to himself, started companylecting the necessary bricks for the building.
N. Dikshit and O. P. Rana, for the appellant.
A 4 evidences this offer.
K. Garg and S. C. Agarwala, for respondent No.
An old, affluent man called Dubey, in a munificent mood, responded to the request of Shri Govind Narain, then Collector of Farrukhabad District, way back in 1945.
30,000/ was made, on the basis of a matching companytribution by Government, for the good cause of a womens hospital in sacred memory of the donors deceased wife, Gomti Devi.
1844 of 1967.
27 the plaintiffs again made an offer to withdraw the case provided they were also paid half the companyts of the suit till then incurred.
The Collector did number, and perhaps companyld number without the companysent of Government, accept the said offer but merely replied that the matter would be referred to Government.
The latter offered number to press for the refund on certain terms.
While illustrating the injustice of delayed justice this case more provocatively exposes the damage done by the administrations dilatory indifference to a clear companymitment of an enthusiastic Collector to companystruct quickly a female hospital out of a donation from a companypassionate gentleman in Kannauj on certain companyditions which were breached by Government, according to the findings of, the companyrts below.
25 indicates that the Government would number agree to the agency of the plaintiffs for the companystruction of the hospital.
That the hospital will be named after the name of person suggested by Dubeyji and which name was to be companymunicated by him, to the D.M. subsequently.
The Judgment of the Court was delivered by KRISHNA IYER, J. A litigation launched by the sons of a frustrated philanthropist, who is numbermore, has reached the last deck of the justice edifice as a civil appeal, by special leave, a little over 22 years after its institution.
Apprehending the tardy ways of government, this anxious soul insisted on his being put in charge of the companystruction so that the hospital may companye into existence, through his diligent hands and in his lifetime, aided of companyrse by government grant and auxiliary voluntary companytributions.
The activist Collector accepted these companyditions, received the philanthropic cheques, moved swiftly to get the foundation stone laid ceremonially by the British Indian Governor of the Province, all in 1945.
