B H INAMDAR Vs. B F SWAMY

JUDGEMENT

(1.) This Regular Second Appeal has been preferred by Sri B.H. Inamdar, Secretary, Karnataka Grama Seva Sangha, Workhead Office, at Raichur. The suit filed by the Appellant-plaintiff was dismissed by the trial Court as well as the First Appellate Court holding that the appellant-plaintiff had no right to file the suit and the suit was not properly instituted on behalf of the Sangha.

(2.) The appellant-plaintiff filed a suit being O.S.No.40/1973 in the Court of the Principal Munsiff at Gulbarga, claiming a decree for a sum of Rs. 4,200/- and interest thereon at 9% per annum from the defendant. It was alleged that the defendant had purchased old furniture from the Karnataka Grama Seva Sangha and had failed to pay the sale price. It is not disputed that the Karnataka Grama Seva Sangha is a registered Society under the Hyderabad Societies Registration Act, and by virtue of the provisions of Section 31 of the Karnataka Societies Registration Act (hereinafter referred to as 'the Act'), it is deemed to be a Society registered under the said Act. It is therefore governed by the provisions of the Karnataka Societies Registration Act, 1960. The sole ground on which the suit as well as the appeal have been dismissed is that the suit had not been properly instituted by Sri B.H. Inamdar on behalf of the Karnataka Grama Seva Sangha, a Society under the Act.

(3.) As has been observed earlier, the suit had been filed by Sri B.H. Inamdar, claiming to be the Secretary of the said Sangha or Society. It is claimed by the plaintiff that under the Act, Bye-laws and Rules of the Society, the Secretary is empowered to institute and defend suits. It is not urged before me that the Secretary was specially authorised by the Board of Trustees of the Society to institute the suit.