RAM SARUP GUPTA Vs. BISHUN NARAIN INTER COLLEGE

JUDGEMENT

(1.) This appeal by special leave is directed against the judgment of the High Court of Allahabad dated 18th February, 1978 dismissing the appeal preferred by the appellant against the judgment and decree of the Additional Civil Judge, Lucknow, dismissing the suit instituted by him for possession of the property in dispute.

(2.) The property in dispute situate at Nawal Kishore Road, Lucknow, consists of buildings and land which have been in the occupation of the Bishun Narain School. In 1938, certain public spirited persons of Lucknow city formed a society registered as the Progressive Education Society for establishing educational institution for imparting education. Raja Ram Kumar Bhargava who owned considerable property, in the Lucknow city, was elected Chairman of the Society. He permitted the society to run an English Middle School on rent in his building, which stood on the site in dispute, the school was commonly known as the "Narhi Middle School". The school was not recognised by the Education Department of the Government as it had no endowment and no building of its own. After protracted correspondence with the authorities of the Education Department, Raja Ram Kumar Bhargava, President of the Society by his letter dated November 26, 1941 (Exhibit C-B-6) informed the Inspector of Schools Lucknow that he has given away the premises occupied by the school free of rent which may be considered his permanent contribution to the cause of the school. In pursuance to the declaration made by Raja Ram Kumar Bhargava the Education Department of the State Government recognised the institution. The members of the Committee of Management felt obliged to the Raja for his charitable disposition in donating the building to the school, accordingly, they unanimously passed a resolution expressing their gratitude to the Raja and they further resolved to change the name of the institution as the "Bishun Narain Anglo Vernacular School" to perpetuate the memory of late Bishun Narain Bhargava, the father of Raja Ram Kumar Bhargava. This meeting was presided over by Raja Ram Kumar Bhargava himself as the President of the Society. Thereafter Raja Ram Kumar Bhargava did not realise rent from the school and he allowed the school to occupy the building and the open land attached to it for the use of the school. With the passage of time the school progressed, it was raised to the status of a High School and then to the status of an Intermediate College which was also named after Bishun Narain Bhargava. Subsequently, the primary section of the institution was separated from the College Section and it was given the name as "Bishun Narain Basic School". This school has been occupying the property in dispute, however, the school and the college both were managed by committee of management of which Raja Ram Kumar Bhargava continued to be the President till 1961 and thereafter his wife Rani Lila Bhargava became the President, which office she continued to occupy since then. As there was considerable increase in the number of students, the institution felt short of accommodation. To meet the need for additional accommodation, the management made permanent constructions on the open land attached to the main building, to provide three class rooms and other facilities including bath-rooms to the students without any objection by the Raja or any of his family members.

(3.) It appears that Raja Ram Kumar Bhargava had taken considerable amount of money as loan from Central Bank of India and to secure the loan he executed a mortgage deed, on March 27, 1957 mortgaging a number of properties including the property in dispute occupied by the school, in favour of the Central Bank of India. The loan, however, could not be repaid. Raja Ram Kumar Bhargava offered to sell the mortgaged property and on negotiations, the Bank agreed to release the property from mortgage to enable Raja Ram Kumar Bhargava to sell the same for raising money to pay off the loan. The Bank released the property under a written agreement dated 27th June, 1961 and in pursuance thereof Raja Ram Kumar Bhargava along with his three minor sons executed a sale deed on 27th June, 1961 transferring the property in dispute occupied by the school along with other property to Ram Sarup Gupta, the plaintiff-appellant. In the registered sale deed the property in dispute was described as Portion II of ITD Block in Hazratganj, Lucknow, bearing house No. C- 43/III in the occupation of Bishun Narain High School. Ram Sarup Gupta the appellant after purchasing the property served notice on the school and its managing committee terminating their license and directing them to restore the possession of the property to him within a specified period. Since the property was not restored to him, he filed a suit for possession against Bishun Narain Inter College, members of the Committee of management of the college and the Progressive Education Society in the Court of Civil Judge, Lucknow. Subsequently under the order of the trial Court the members of the committee of the management of the Bishnu Narain Basic School were also impleaded as defendants 11 to 17. The defendants inter alia pleaded that the Raja had donated the property in dispute to the school permanently and the school had made permanent constructions by incurring expenses for that reason license was irrevocable.