Neutral Citation No. - 2025:AHC-LKO:26397 Court No. - 6 Case :- WRIT - A No. - 21687 of 2019 Petitioner :- Shree Radha Krishanji Maharaj Trust Thru. Mgr. Ajay Kumar Gu Respondent :- Abdul Moid Counsel for Petitioner :- Pratap Singh Mehra Counsel for Respondent :- Prakash Chandra Mishra Hon'ble Pankaj Bhatia,J. 1. Heard learned counsel for the parties. 2. The present writ petition has been filed challenging the order dated 25.09.2018, whereby the SCC Suit No.80 of 2016 as well as the order dated 22.05.2019, whereby the revision preferred by the petitioner was also dismissed. 3. The case as pleaded by the petitioner was that the property was given in trust through a Will by the owner of the property through Will dated 07.11.1960. The suit was filed stating that the petitioner being a trust was outside the purview of the U.P. Act No.13 of 1972, the respondent had committed a default in payment of rent. Both the courts below dismissed the same on the ground that apart from the Will, no document was placed to demonstrate that the property was owned by the trust and secondly on the ground that as the rent was deposited, the benefit of such deposit would go in favour of the tenant under Section 20(4) of the U.P. Act No.13 of 1972. 4. Considering the said submissions, prima facie, the Will on record demonstrates that the property in question was bequeathed for use as trust for religious activities. It is well settled that a trust can be created by any instrument including a Will even by an oral testimony, as such, the finding of the two courts with regard to the property belonging to the trust is liable to be set aside and is accordingly, set aside. 5. As regards the finding of deposit of rent, no interference is called for. However, the petitioner is permitted to initiate fresh proceedings, as may be advised, in accordance with law. In case, such fresh proceedings are initiated, the same shall be decided ignoring the two judgements dated 25.09.2018 and 22.05.2019. 6. The petition stands disposed of in terms of above. Order Date :- 6.5.2025 Ashutosh Digitally signed by :- ASHUTOSH PANDEY High Court of Judicature at Allahabad, Lucknow Bench