WOMENS NATIONAL EDUCATION SOCIETY Vs. MANGALORE THEOSOPHICAL SOCIETY

JUDGEMENT

(1.) FOR the sake of convenience, the parties in this appeal are referred to as per their rank in the trial Court.

(2.) THE plaintiff and defendant are two different societies. This appeal is filed by defendant in o. S. No. 272/83. That suit was filed by plaintiff/respondent for injunction restraining the defendant from amending its Rules and Regulations and to direct it to accept 5 nominees of the plaintiff on the council of management of the defendant. The basis on which the suit was filed was, plaintiff was the owner of property bearing T. S. No. 192 of Kodialbail village in Mangalore city; that it had constructed buildings for running a school and boarding house; that on 15-5-1943 it had transferred the said property to the defendant with a condition that defendant shall run the school by electing 5 of the representatives of the plaintiff annually to its council of management but during the years 1980-81 and 1981-82 the defendant refused to accept 5 nominees of the plaintiff. The suit was resisted by the defendant by filing written statement inter-alia contending that the suit was not maintainable and the condition imposed to take 5 nominees of plaintiff on the council of management of defendant is void under Section 11 of transfer of Property Act. On the basis of the pleadings, issues were framed by the Trial Court. One witness was examined as PW-1 on behalf of the plaintiff and documents Exs. P-1 to P-44 were marked. Eventhough nobody was examined on behalf of the defendant, documents Exs-D-1 to D-15 have been marked by consent. On over-all appreciation of the material available on record, the trial Court by its judgment dated 28-7-1986 decreed the suit as prayed for. Aggrieved by the same, the defendant filed R. A. No. 111/86. The first appellate Court vide its judgment dated 28-9-1991 dismissed the appeal concurring with the findings of the trial Court. Being aggrieved by the same defendant has challenged the same in this second appeal.

(3.) WHILE admitting this appeal, the following substantial question of law was framed by this court: "whether the Courts below have committed a serious error of law in not confining the scope of participation of five representatives of the plaintiff to the council of management for the management of only Basant National Girls High School transferred to the defendant under Ex p-3?"