C CHIKKA VENKATAPPA Vs. D HANUMANTHAPPA

JUDGEMENT

(1.) These two appeals arise out of OS. No.33 of 1956 filed before the Court of the District Judge, Civil Station, Bangalore, under S 92 CPC. Five persons who had obtained the consent of the Advocate General required under the said section figured as the plaintiffs in the first instance Subsequently, plaintiffs Nos 4 and 5 dropped out of the suit and the suit was continued only by the first three plaintiffs. The defendants are five in number. The prayers in the plaint were that the defendants should be removed from the offices they held in the Devanga Sangha (of which all the parties other than the 4th plaintiff were members) and that the defendants should be directed to render true and proper accounts in regard to the collections made by them on behalf of the Sangha in connection with the Silver Jubilee Building Fund of the Sangha. The first prayer was not granted. The second prayer was granted only by directing defendants 2 and 3 to render accounts. The suit was dismissed against defendants 1, 4, and 5. Defendants 2 and 3 have preferred Appeal No. 171 (1963 against the decree for accounts made against them. Plaintiffs have preferred Appeal No 9/1964 complaining against the dismissal of the suit as against defendants 1, 4 and 5

(2.) Although fairly lengthy pleadings were presented and voluminous evidence, both oral and documentary, was brought on record, we find that the few facts a correct assessment of the legal value whereof is sufficient to make a full and satisfactory disposal of the controversies in the suit, are either admitted or proved by reliable documents, which are either undisputed or are clearly indisputable.

(3.) There is in Bangalore an association called the Devanga Sangha, which was registered as a society on the 12th of February 1924 under the Mysore Societies Registration Act of 1904 Like all other societies of that nature, the Sangha is governed by a Memorandum of Association, a set of Articles of Association and subsidiary bye-laws framed by the Society The objects of the Sangha set out in the Memorandum are to advance the educational, economic and social welfare of the members of the Devanga community who are a section of Hindus The membership is limited to those belonging to the said community and is subject to payment of donations or periodical subscriptions There are, as in other cases, different classes of members like Patrons who are called by two different Kannada names 'Poshaka and Sahayaka', Life members, Hon. members and ordinary members. The management of affairs of the Sangha is vested in a body called the Executive Council consisting of a President, four Vice Presidents, a Secretary, a Treasurer and 50 other members