Mathura: Why Three Shops Inside Shri Krishna Janmabhoomi Complex Are Not Protected by UP Rent Law

Prayagraj/Mathura:
The Allahabad High Court has dismissed the petitions filed by tenants claiming rights over three shops located inside the Shri Krishna Janmabhoomi complex in Mathura, ending a legal dispute that has dragged on for more than 25 years. The court ruled that since the property belongs to a public religious and charitable trust, the Uttar Pradesh Rent Control Act does not apply to these shops.

Justice Rohit Ranjan Agarwal, while delivering the judgment, clarified that tenants cannot claim statutory protection over properties owned by such trusts. As a result, the shopkeepers will now have to vacate the premises, failing which they may be formally evicted. The High Court also directed the lower court to dispose of the remaining two pending cases within two months.

How the Dispute Began

The reconstruction of the historic Shri Krishna Janmasthan began in 1944 under the leadership of Mahamana Madan Mohan Malaviya.
In 1951, the Shri Krishna Janmabhoomi Trust was formed, followed by the creation of the Shri Krishna Janmasthan Seva Sansthan in 1958 to manage the temple premises.

The Sansthan later constructed several shops within the complex and allotted them to local traders on 11-month licences. Three such shops were:

• Shop No. 8-A — Ashok Raghav
• Shop No. 8 — Padma Raghav
• Shop Nos. 16–17 — Late Harish Raghav (now held by his heirs)

Even after the licence period expired, the occupants refused to vacate, prompting the Sansthan to file eviction suits between 2000 and 2002.

Tenants’ Arguments and What the Court Said

The tenants argued that the Sansthan is not a religious or charitable trust, and hence they should be protected under the rent regulations.
They also questioned the authority of Kapil Sharma, the Sansthan’s secretary, to file eviction suits.

However, after examining trust deeds, society records, and governing documents, the High Court concluded that:

• The Sansthan is fully religious and welfare-oriented,
• It qualifies as a public religious trust,
• Properties of such trusts are exempt from the UP Rent Control Act,
• The secretary and joint secretary do have the authority to initiate legal proceedings as per the bylaws,
• No member of the institution has ever challenged Kapil Sharma’s authority, making the tenants’ objection invalid.